Legal Feeds Blog
The $30 million over three years allocated for Legal Aid Ontario in this year’s Ontario budget doesn’t do much to address a system that is “strained to a breaking point,” according to Criminal Lawyers’ Association president Norman Boxall.
“Any increase for legal aid is welcome. However, given the extent to which it is underfunded, this allocation is not adequate,” says Boxall. The financial eligibility threshold for legal aid filters out too many people who are in need, says Boxall, who calls the criteria “frankly embarrassing.”
Yesterday’s budget notes the $30 million for Legal Aid Ontario is on top of the $150 million over four years allocated to it in 2009.
“This funding will improve access to justice and enhance outcomes for low-income families, victims of domestic violence, and other vulnerable groups by strengthening the capacity of family law service centres and other community and legal clinics across Ontario to respond to evolving needs and ensure services are sustainable,” the budget states.
Legal Aid Ontario spokesman Kristian Justesen only had praise for the funding.
“From LAO’s perspective, this is a good day for access to justice in Ontario,” he said. “This new investment will enhance outcomes for low-income families, victims of domestic violence, and other vulnerable groups.”
Overall, justice spending will decease by $57 million this year, according to the budget. The decline is primarily a result of “lower-than-expected costs related to municipal policing, lower overtime costs, and other internal efficiencies.”
Delays in buying courthouse furniture and equipment will also bring down capital expenses in the justice sector, according to the budget.
The Ontario government also said it’s implementing what it referred to as “transformative initiatives” in the justice system. They include “alternative financing to meet the capital infrastructure needs of Ontario’s justice system,” but the budget doesn’t elaborate on what they entail.
“Any increase for legal aid is welcome. However, given the extent to which it is underfunded, this allocation is not adequate,” says Boxall. The financial eligibility threshold for legal aid filters out too many people who are in need, says Boxall, who calls the criteria “frankly embarrassing.”
Yesterday’s budget notes the $30 million for Legal Aid Ontario is on top of the $150 million over four years allocated to it in 2009.
“This funding will improve access to justice and enhance outcomes for low-income families, victims of domestic violence, and other vulnerable groups by strengthening the capacity of family law service centres and other community and legal clinics across Ontario to respond to evolving needs and ensure services are sustainable,” the budget states.
Legal Aid Ontario spokesman Kristian Justesen only had praise for the funding.
“From LAO’s perspective, this is a good day for access to justice in Ontario,” he said. “This new investment will enhance outcomes for low-income families, victims of domestic violence, and other vulnerable groups.”
Overall, justice spending will decease by $57 million this year, according to the budget. The decline is primarily a result of “lower-than-expected costs related to municipal policing, lower overtime costs, and other internal efficiencies.”
Delays in buying courthouse furniture and equipment will also bring down capital expenses in the justice sector, according to the budget.
The Ontario government also said it’s implementing what it referred to as “transformative initiatives” in the justice system. They include “alternative financing to meet the capital infrastructure needs of Ontario’s justice system,” but the budget doesn’t elaborate on what they entail.
Canada
Former citizenship judge charged with theft, fraud after allegations he handed out copies of citizenship exams, Vancouver Sun
Rapper accused of robbery held in cell with alleged serial killer, considers legal action, Toronto Star
Alberta Canadian Forces major charged with sexual assault, drunkenness a decade after sex tape scandal in Ontario, The National Post
United States
Lawyer experiments with walk-in law firm, bookstore combination, Reuters
Facebook persuades judge to move patent case to California, Reuters
International
Prosecutor investigating 2007 assassination of Pakistani prime minister shot dead, Reuters
North Korea sentences American to 15 years in jail, U.S. to seek amnesty, Reuters
Former citizenship judge charged with theft, fraud after allegations he handed out copies of citizenship exams, Vancouver Sun
Rapper accused of robbery held in cell with alleged serial killer, considers legal action, Toronto Star
Alberta Canadian Forces major charged with sexual assault, drunkenness a decade after sex tape scandal in Ontario, The National Post
United States
Lawyer experiments with walk-in law firm, bookstore combination, Reuters
Facebook persuades judge to move patent case to California, Reuters
International
Prosecutor investigating 2007 assassination of Pakistani prime minister shot dead, Reuters
North Korea sentences American to 15 years in jail, U.S. to seek amnesty, Reuters
The first-ever charge under the federal Lobbying Act has been laid in what is being called a “wake-up call” to those working with, or in, the government.
Andrew Skaling of New Brunswick has been charged with failure to register as a consultant lobbyist as required by s. 5(1) of the Lobbying Act.
He is alleged to have undertaken to communicate with a public office holder, for payment, on behalf of the Canadian Network of Respiratory Care. The charge relates to alleged activity between June 2010 and January 2011.
It has not been confirmed whether Skaling is the same Andrew Skaling who served as the City of Ottawa’s director of media relations for three years, was a Conservative Party media spokesperson during the 2004 federal election, and acted as director of media relations during Belinda Stronach’s bid for Conservative Party leadership.
The political communications specialist had previously worked in New Brunswick and was most recently a partner at Ottawa-based public affairs firm McKenney & Skaling, the web site for which appears to have been taken offline today.
Fasken Martineau DuMoulin LLP partner Guy Giorno says the charge is the first one since the law took effect in 1989.
“It’s a wake-up call to everyone who’s involved in the government to pay attention to these laws, to ensure that you’re taking steps to comply,” says Giorno, former chief of staff to Prime Minster Stephen Harper and chairman of the law of lobbying and ethics committee of the Canadian Bar Association.
The act requires anyone paid to communicate or arrange meetings with federal public office holders, concerning a list of subjects set out in the statute, to register their activities in the Registry of Lobbyists.
The definition of “public office holder” includes most people working in the government of Canada, including members of the Senate and the House of Commons and their staff, employees of federal departments and agencies, members of the Canadian Armed Forces, and members of the Royal Canadian Mounted Police.
Complaints are investigated by the lobbying commissioner, who can refer cases to the RCMP. Between 2005 and 2010, 11 cases were referred to the RCMP but no charges were brought, according to a parliamentary background paper on the Lobbying Act. The RCMP is not required to explain why cases do not result in charges.
“The thinking has always been that the RCMP in connection with the PPSC [Public Prosecution Service of Canada] believe that the charges wouldn’t stick,” says Giorno.
Last year, a former staffer in the Prime Minister’s Office, Keith Beardsley, was criticized in a report by lobbying commissioner Karen Shepherd for trying to arrange a meeting between then-chief of staff Giorno and a wireless telecoms firm.
The Lobbying Act bans public office holders from lobbying for five years after they have left office, and Giorno alerted the commissioner that he had been contacted by Beardsley. Shepherd sent the file to the RCMP, but they declined to press charges.
Giorno says there seems to be a high threshold for charges, but the lobbying commissioner is determined to “crack down” on alleged flouting of the rules. “I don’t think there’s anybody who practises in this area who thinks that Parliament intended that lobbyists were exempt from the law,” he says.
The case demonstrates that clients employing lobbyists must ensure contracts contain explicit assurances that the rules will be followed, he adds.
Although the charge was laid on Jan. 29, at Ottawa Provincial Court, it only come to light when Shepherd mentioned it to a parliamentary committee on April 29, without providing the name of the accused.
Skaling is due to appear again on May 15. Giorno says it looks like he will have a summary hearing, which could carry a prison sentence of up to six months, or a $50,000 fine. If he is indicted, the sentence could be up to two years.
There is no suggestion of any misdemeanors on the part of Skaling’s client, the Canadian Network of Respiratory Care.
| Guy Giorno says these charges are a 'wake-up call.' |
He is alleged to have undertaken to communicate with a public office holder, for payment, on behalf of the Canadian Network of Respiratory Care. The charge relates to alleged activity between June 2010 and January 2011.
It has not been confirmed whether Skaling is the same Andrew Skaling who served as the City of Ottawa’s director of media relations for three years, was a Conservative Party media spokesperson during the 2004 federal election, and acted as director of media relations during Belinda Stronach’s bid for Conservative Party leadership.
The political communications specialist had previously worked in New Brunswick and was most recently a partner at Ottawa-based public affairs firm McKenney & Skaling, the web site for which appears to have been taken offline today.
Fasken Martineau DuMoulin LLP partner Guy Giorno says the charge is the first one since the law took effect in 1989.
“It’s a wake-up call to everyone who’s involved in the government to pay attention to these laws, to ensure that you’re taking steps to comply,” says Giorno, former chief of staff to Prime Minster Stephen Harper and chairman of the law of lobbying and ethics committee of the Canadian Bar Association.
The act requires anyone paid to communicate or arrange meetings with federal public office holders, concerning a list of subjects set out in the statute, to register their activities in the Registry of Lobbyists.
The definition of “public office holder” includes most people working in the government of Canada, including members of the Senate and the House of Commons and their staff, employees of federal departments and agencies, members of the Canadian Armed Forces, and members of the Royal Canadian Mounted Police.
Complaints are investigated by the lobbying commissioner, who can refer cases to the RCMP. Between 2005 and 2010, 11 cases were referred to the RCMP but no charges were brought, according to a parliamentary background paper on the Lobbying Act. The RCMP is not required to explain why cases do not result in charges.
“The thinking has always been that the RCMP in connection with the PPSC [Public Prosecution Service of Canada] believe that the charges wouldn’t stick,” says Giorno.
Last year, a former staffer in the Prime Minister’s Office, Keith Beardsley, was criticized in a report by lobbying commissioner Karen Shepherd for trying to arrange a meeting between then-chief of staff Giorno and a wireless telecoms firm.
The Lobbying Act bans public office holders from lobbying for five years after they have left office, and Giorno alerted the commissioner that he had been contacted by Beardsley. Shepherd sent the file to the RCMP, but they declined to press charges.
Giorno says there seems to be a high threshold for charges, but the lobbying commissioner is determined to “crack down” on alleged flouting of the rules. “I don’t think there’s anybody who practises in this area who thinks that Parliament intended that lobbyists were exempt from the law,” he says.
The case demonstrates that clients employing lobbyists must ensure contracts contain explicit assurances that the rules will be followed, he adds.
Although the charge was laid on Jan. 29, at Ottawa Provincial Court, it only come to light when Shepherd mentioned it to a parliamentary committee on April 29, without providing the name of the accused.
Skaling is due to appear again on May 15. Giorno says it looks like he will have a summary hearing, which could carry a prison sentence of up to six months, or a $50,000 fine. If he is indicted, the sentence could be up to two years.
There is no suggestion of any misdemeanors on the part of Skaling’s client, the Canadian Network of Respiratory Care.
Canada
SCC criticized by Quebec over Laskin review, The Globe and Mail
No charges will be laid for anti-gay brochure handed out by real estate agent, Toronto Star
SCC ruling in baby-concealment case leaves room for comment on when a fetus becomes a human under law, Calgary Herald
United States
Judge asked to triple $1.7B jury verdict in patent case, Reuters
Mobster's immunity deal with now-deceased prosecutor will offer no protection on murder charges, Reuters
International
ICC to decide if Gaddafi's son can be tried in Libya: lawyer, Reuters
Cuban intelligence service helped by U.S. government lawyer, prosecutors allege, Reuters
SCC criticized by Quebec over Laskin review, The Globe and Mail
No charges will be laid for anti-gay brochure handed out by real estate agent, Toronto Star
SCC ruling in baby-concealment case leaves room for comment on when a fetus becomes a human under law, Calgary Herald
United States
Judge asked to triple $1.7B jury verdict in patent case, Reuters
Mobster's immunity deal with now-deceased prosecutor will offer no protection on murder charges, Reuters
International
ICC to decide if Gaddafi's son can be tried in Libya: lawyer, Reuters
Cuban intelligence service helped by U.S. government lawyer, prosecutors allege, Reuters
Johanne Brodeur is the next president of the Barreau du Québec. Brodeur won the position by acclamation and will assume the role June 1, the barreau announced today.Also assuming a senior role at the barreau is Bernard Synnott, who becomes vice president after taking almost 56 per cent of the vote in a race against Julie Latour. Almost 37 per cent of barreau members cast a vote.
Federal Court dismisses several motions relating to Douglas inquiry
Written by Heather Gardiner Wednesday, 01 May 2013
In ongoing legal wrangling in the Canadian Judicial Council’s inquiry committee into a sexual harassment and discrimination complaint against Manitoba Court of Queen’s Bench Associate Chief Justice Lori Douglas, two Federal Court orders [1 and 2] were released yesterday, which dismissed several motions brought forward by parties in the inquiry.
Since the release of these court orders, CJC communications director Johanna Laporte says they are expecting the Federal Court to set a hearing date for the judicial review application.
Laporte also tells Legal Feeds the inquiry committee planned to resume hearings in late July but Douglas has filed a motion for a stay of the proceedings until the Federal Court motions are heard. Now the inquiry committee has to decide if it will proceed with the hearings despite the judge’s motion for a stay.
“It’s regrettable that there have been delays,” she says.
The inquiry has been plagued by multiple delays, including the resignation of independent counsel Guy Pratte in August and most recently the motions dismissed by the Federal Court.
The first motion, submitted by Canada’s Attorney General Rob Nicholson, sought to have him removed as a party respondent due to the fact that he holds the position of AG and minister of Justice. The minister argued his separation from the inquiry is “necessary to preserve the independence of the judiciary and to avoid the perception that the minister may have pre-judged the outcome of the process when he receives and acts upon the CJC’s recommendation with respect to the removal of a judge.”
In dismissing Nicholson’s request for removal, Federal Court Prothonotary Mireille Tabib wrote: “Parliament has indeed empowered the CJC to investigate complaints and allegations made against judges, including those sufficiently serious to warrant their removal. However, as s. 71 of the Judges Act makes abundantly clear, neither the creation of the CJC’s inquiry process nor the CJC’s exercise of its investigative powers in any way detract, remove or constrain the constitutional rights, powers or duties of the Minister of Justice, or of the Houses of Parliament, in the removal of judges.”
Another motion was submitted by Alex Chapman — the client of Douglas’ husband, Winnipeg lawyer Jack King, who launched the complaint claiming King showed him nude web photos of Douglas performing sexual acts and pressured him to have sex with her.
Chapman wanted to be named a necessary respondent to the application from Douglas seeking a review of the inquiry committee’s decision not to step down after Douglas’ counsel tried to disqualify the committee over alleged apprehension of bias. Chapman claimed he was a party to the hearings before the inquiry committee, which makes him a necessary party to the judicial review.
But Tabib wasn’t convinced. “[T]he general understanding that parties to the original proceedings are automatically to be named as respondents when these proceedings are subject to judicial review was developed in the context of adversarial proceedings, in which the competing rights of two or more parties are adjudicated, and not necessarily where the proceedings, as here, are in the nature of an inquiry,” she wrote.
In addition, she noted Chapman was not granted standing as a party in the proceedings before the inquiry committee and therefore he is not directly affected by any order sought in the application.
Chapman also sought an order staying and/or quashing the judicial review, which was also dismissed.
Since the release of these court orders, CJC communications director Johanna Laporte says they are expecting the Federal Court to set a hearing date for the judicial review application.
Laporte also tells Legal Feeds the inquiry committee planned to resume hearings in late July but Douglas has filed a motion for a stay of the proceedings until the Federal Court motions are heard. Now the inquiry committee has to decide if it will proceed with the hearings despite the judge’s motion for a stay.
“It’s regrettable that there have been delays,” she says.
The inquiry has been plagued by multiple delays, including the resignation of independent counsel Guy Pratte in August and most recently the motions dismissed by the Federal Court.
The first motion, submitted by Canada’s Attorney General Rob Nicholson, sought to have him removed as a party respondent due to the fact that he holds the position of AG and minister of Justice. The minister argued his separation from the inquiry is “necessary to preserve the independence of the judiciary and to avoid the perception that the minister may have pre-judged the outcome of the process when he receives and acts upon the CJC’s recommendation with respect to the removal of a judge.”
In dismissing Nicholson’s request for removal, Federal Court Prothonotary Mireille Tabib wrote: “Parliament has indeed empowered the CJC to investigate complaints and allegations made against judges, including those sufficiently serious to warrant their removal. However, as s. 71 of the Judges Act makes abundantly clear, neither the creation of the CJC’s inquiry process nor the CJC’s exercise of its investigative powers in any way detract, remove or constrain the constitutional rights, powers or duties of the Minister of Justice, or of the Houses of Parliament, in the removal of judges.”
Another motion was submitted by Alex Chapman — the client of Douglas’ husband, Winnipeg lawyer Jack King, who launched the complaint claiming King showed him nude web photos of Douglas performing sexual acts and pressured him to have sex with her.
Chapman wanted to be named a necessary respondent to the application from Douglas seeking a review of the inquiry committee’s decision not to step down after Douglas’ counsel tried to disqualify the committee over alleged apprehension of bias. Chapman claimed he was a party to the hearings before the inquiry committee, which makes him a necessary party to the judicial review.
But Tabib wasn’t convinced. “[T]he general understanding that parties to the original proceedings are automatically to be named as respondents when these proceedings are subject to judicial review was developed in the context of adversarial proceedings, in which the competing rights of two or more parties are adjudicated, and not necessarily where the proceedings, as here, are in the nature of an inquiry,” she wrote.
In addition, she noted Chapman was not granted standing as a party in the proceedings before the inquiry committee and therefore he is not directly affected by any order sought in the application.
Chapman also sought an order staying and/or quashing the judicial review, which was also dismissed.
Canada
Landmark Quebec election-financing law 'systematically flouted': veteran organizer, Calgary Herald
Charges stayed against man selling controversial marijuana alternative, Toronto Star
Female U.S. army deserter Canada denied asylum to gets 10-month prison term, Reuters
United States
Disgruntled lawyer sends 'scathing' e-mail to clients, colleagues, Reuters
Monster energy drink sues lawyer over probe into safety of beverages, Reuters
International
Fried Frank experiencing turnover in Hong Kong, Reuters
Ireland's abortion laws lack clarity, leave doctors in 'legally risky' position, Reuters
Landmark Quebec election-financing law 'systematically flouted': veteran organizer, Calgary Herald
Charges stayed against man selling controversial marijuana alternative, Toronto Star
Female U.S. army deserter Canada denied asylum to gets 10-month prison term, Reuters
United States
Disgruntled lawyer sends 'scathing' e-mail to clients, colleagues, Reuters
Monster energy drink sues lawyer over probe into safety of beverages, Reuters
International
Fried Frank experiencing turnover in Hong Kong, Reuters
Ireland's abortion laws lack clarity, leave doctors in 'legally risky' position, Reuters
Smith v. Cataraqui Cemetery Co., Ontario Superior Court
Can the heirs of a family that bought a massive plot on a cemetery in the 1860s get buried there now? The cemetery said no, saying they'd first have to go through all potential heirs (thousands of them) to see who gets the plot. The court said that was ridiculous.
Can the heirs of a family that bought a massive plot on a cemetery in the 1860s get buried there now? The cemetery said no, saying they'd first have to go through all potential heirs (thousands of them) to see who gets the plot. The court said that was ridiculous.
If you’re a lawyer or judge who has Aboriginal law experience and looking for new challenges, this may be the job for you.
After five years on the job, Daniel Ish, chief adjudicator of the Indian Residential Schools Adjudications Secretariat, is stepping down and a search has begun for his replacement.
A request for proposals was issued April 29 seeking individuals interested in applying for the chief adjudicator job that oversees the Independent Assessment Process, which makes decisions on individual claims of abuse related to the Indian residential schools system.
The chief adjudicator directs the work of the Indian Residential Schools Adjudications Secretariat, the administrative body that manages the IAP hearing process.
The chief adjudicator position became vacant earlier this year when Ish, announced he would step down once a replacement is found.
“We are very fortunate to have had someone as dedicated as Daniel to guide the IAP through its first five years,” says University of Toronto law dean Mayo Moran, chairwoman of the oversight committee that monitors the implementation of the IAP. “I have been struck by his deep commitment to protecting the integrity of the IAP so that former students receive a fair hearing in a safe and caring environment.”
There are over 100 adjudicators who hear the individual claims for abuse arising out of the Indian residential schools and the chief adjudicator oversees the independent assessment process. The total number of applications the secretariat received was 37,716, and it has resolved over half of them, with 17,303 (full stats available here) awaiting resolution.
Moran says the job requires “a complex mix of legal and adjudicative experience and good judgment.”
Occasionally the chief adjudicator also writes some decisions on review cases.
“There are also political and diplomatic skills required,” says Moran. “We were incredibly lucky — Dan Ish is absolutely wonderful and we’re all feeling a bit bereft that we’re losing him because it was wonderful to have someone with such a great mix of human skills and professional qualities during this really important first six years.”
The selection of a new chief adjudicator will be managed by the IAP oversight committee, which includes representatives of former Aboriginal students and their counsel, churches, and the federal government.
A selection committee will review applications, conduct interviews, and make a recommendation. The committee’s selection must be approved by the Supervising Courts of the Indian Residential Schools Settlement Agreement.
Applicants for the position must have a law degree with at least 15 years at the bar, experience as a member of the judiciary or in the adjudication of claims, and have significant knowledge of Canadian Aboriginal people and their history, culture and current issues. The mandatory and rated requirements for the position are outlined on MERX. The deadline is May 24.
The new chief adjudicator is expected to be in place by early this summer.
Update 3:45 pm: Clarify number of cases before and resolved by the secretariat.
A request for proposals was issued April 29 seeking individuals interested in applying for the chief adjudicator job that oversees the Independent Assessment Process, which makes decisions on individual claims of abuse related to the Indian residential schools system.
The chief adjudicator directs the work of the Indian Residential Schools Adjudications Secretariat, the administrative body that manages the IAP hearing process.
The chief adjudicator position became vacant earlier this year when Ish, announced he would step down once a replacement is found.
“We are very fortunate to have had someone as dedicated as Daniel to guide the IAP through its first five years,” says University of Toronto law dean Mayo Moran, chairwoman of the oversight committee that monitors the implementation of the IAP. “I have been struck by his deep commitment to protecting the integrity of the IAP so that former students receive a fair hearing in a safe and caring environment.”
There are over 100 adjudicators who hear the individual claims for abuse arising out of the Indian residential schools and the chief adjudicator oversees the independent assessment process. The total number of applications the secretariat received was 37,716, and it has resolved over half of them, with 17,303 (full stats available here) awaiting resolution.
Moran says the job requires “a complex mix of legal and adjudicative experience and good judgment.”
Occasionally the chief adjudicator also writes some decisions on review cases.
“There are also political and diplomatic skills required,” says Moran. “We were incredibly lucky — Dan Ish is absolutely wonderful and we’re all feeling a bit bereft that we’re losing him because it was wonderful to have someone with such a great mix of human skills and professional qualities during this really important first six years.”
The selection of a new chief adjudicator will be managed by the IAP oversight committee, which includes representatives of former Aboriginal students and their counsel, churches, and the federal government.
A selection committee will review applications, conduct interviews, and make a recommendation. The committee’s selection must be approved by the Supervising Courts of the Indian Residential Schools Settlement Agreement.
Applicants for the position must have a law degree with at least 15 years at the bar, experience as a member of the judiciary or in the adjudication of claims, and have significant knowledge of Canadian Aboriginal people and their history, culture and current issues. The mandatory and rated requirements for the position are outlined on MERX. The deadline is May 24.
The new chief adjudicator is expected to be in place by early this summer.
Update 3:45 pm: Clarify number of cases before and resolved by the secretariat.
Canada
Judge rules striking Alberta union in contempt, fines will escalate daily,The Globe and Mail
Brian Burke names 18 people in defamation lawsuit filed in B.C. Supreme Court, Toronto Star
Changes to foreign workers program expected today, The National Post
United States
BP hit with over 2,000 new lawsuits as April deadline approaches, Reuters
Publishing house shells out $26M to settle antitrust class action, Reuters
International
Former president banned from elections for life: Pakistani court, Reuters
Libyan justice ministry surrounded by gunmen in bid to pressure lawmakers, Reuters
Judge rules striking Alberta union in contempt, fines will escalate daily,The Globe and Mail
Brian Burke names 18 people in defamation lawsuit filed in B.C. Supreme Court, Toronto Star
Changes to foreign workers program expected today, The National Post
United States
BP hit with over 2,000 new lawsuits as April deadline approaches, Reuters
Publishing house shells out $26M to settle antitrust class action, Reuters
International
Former president banned from elections for life: Pakistani court, Reuters
Libyan justice ministry surrounded by gunmen in bid to pressure lawmakers, Reuters
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