Legal Feeds Blog
Canada
Harper government shows support for private bill that could mean 40 year sentences, The National Post
Contractor's lawyer seeks jail time for client who destroyed home, drained savings of elderly woman, Toronto Star
UN to question Canada on treatment of indigenous people, Calgary Herald
United States
Court rules commentary not needed for fair use defence in 'landmark' copyright ruling, Reuters
Appellate specialist on board to defend $400M antitrust verdict against Dow Chemical, Reuters
International
Venezuelan opposition leader to challenge election results in court, Reuters
Legal sanctions on Putin's opposition causes some to accuse him of 'Stalinism', Reuters
Harper government shows support for private bill that could mean 40 year sentences, The National Post
Contractor's lawyer seeks jail time for client who destroyed home, drained savings of elderly woman, Toronto Star
UN to question Canada on treatment of indigenous people, Calgary Herald
United States
Court rules commentary not needed for fair use defence in 'landmark' copyright ruling, Reuters
Appellate specialist on board to defend $400M antitrust verdict against Dow Chemical, Reuters
International
Venezuelan opposition leader to challenge election results in court, Reuters
Legal sanctions on Putin's opposition causes some to accuse him of 'Stalinism', Reuters
A greater focus on technology and strong leadership from the judiciary are both key to improving access to civil justice, according to a series of reports released yesterday by the National Action Committee on Access to Justice in Civil and Family Matters.
The reports and their recommendations will form much of the basis for discussion at the CBA’s Envisioning Equal Justice Summit that takes place in Vancouver over the next couple of days.
“The role of technology is an important feature of the committee’s thinking,” says Trevor Farrow, chairman of the Canadian Forum on Civil Justice who participated in the creation of the reports.
Technology is seen as a way to make the system more fair, just, efficient, and streamlined, Farrow tells Legal Feeds. While there are strides being made in some provinces, Canadian courts generally lag behind those in other developed nations.
“It is trite to say that technology is changing the world," notes the report on court processes. “While lawyers and judges are working hard to keep up, it is not very controversial to say that, as a general matter, courts and the legal profession have some work to do to catch up to the current technology movement.”
Suggestions for improved technology in the courts include creating interactive court forms, developing and encouraging the development of e-filing and e-courts, and encouraging teleconferencing and videoconferencing, particularly in remote areas.
But the reports also suggest access to legal information to better inform citizens — who should be the primary focus of all access to justice initiatives — of their rights and obligations can be relatively easily achieved through more online legal information.
“The key justice system stakeholders in each Province and Territory should collaborate to explore and realize the access to justice benefits of web-based legal services and on-line dispute resolution models,” says the report on access to legal services.
Online information can be the basis for public legal education and information initiatives that are particularly important with the growing number of self-represented litigants in the courts. Providing them with solid legal information up front will benefit not only those who don’t have legal representation but the whole court system as unrepresented litigants will be better able to manage their cases.
While the reports laud changes already underway in many areas, there is still some way to go to make the civil justice system responsive to those who use and need it.
Primarily in the courts, there needs to be a “culture shift.” And judges must be at the forefront of that shift and be active in sharing changes and improvements with judges in other courts and jurisdictions.
“Judges in this country have a high degree of respect from the public and stakeholders in the justice system,” says Farrow.
That level of respect gives them great power to pull the system back or move it forward, he says. But being the trenches every day, judges know what is happening and many have good ideas for ways to make the sytem better.
The report suggest some examples of leadership initiatives
But it is not just up to the courts. Every player in the system can have a role to play from the government, to lawyers, social services, the courts, and others.
“We see need for change all along the justice continuum,” says Farrow.
Asked if he thought these reports would end up sitting on the shelf collecting dust like so many others on improving the civil justice system, Farrow says he’s optimistic that substantial change is on the way.
“Now, I think there’s more a national discussion than ever before,” he says. “People are really starting to take seriously the need for change.”
He notes the push is coming from Chief Justice Beverley McLachlin down through the whole justice system and beyond. “It is so broadly based, it has wide support across the country and deeply within the system.”
All four reports from the National Action Committee on Access to Justice in Civil and Family Matters are available on the Canadian Forum on Civil Justice’s web site.
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| A greater focus on technology and strong leadership from the judiciary are both key to improving access to civil justice. (Photo: Gail J. Cohen) |
“The role of technology is an important feature of the committee’s thinking,” says Trevor Farrow, chairman of the Canadian Forum on Civil Justice who participated in the creation of the reports.
Technology is seen as a way to make the system more fair, just, efficient, and streamlined, Farrow tells Legal Feeds. While there are strides being made in some provinces, Canadian courts generally lag behind those in other developed nations.
“It is trite to say that technology is changing the world," notes the report on court processes. “While lawyers and judges are working hard to keep up, it is not very controversial to say that, as a general matter, courts and the legal profession have some work to do to catch up to the current technology movement.”
Suggestions for improved technology in the courts include creating interactive court forms, developing and encouraging the development of e-filing and e-courts, and encouraging teleconferencing and videoconferencing, particularly in remote areas.
But the reports also suggest access to legal information to better inform citizens — who should be the primary focus of all access to justice initiatives — of their rights and obligations can be relatively easily achieved through more online legal information.
“The key justice system stakeholders in each Province and Territory should collaborate to explore and realize the access to justice benefits of web-based legal services and on-line dispute resolution models,” says the report on access to legal services.
Online information can be the basis for public legal education and information initiatives that are particularly important with the growing number of self-represented litigants in the courts. Providing them with solid legal information up front will benefit not only those who don’t have legal representation but the whole court system as unrepresented litigants will be better able to manage their cases.
While the reports laud changes already underway in many areas, there is still some way to go to make the civil justice system responsive to those who use and need it.
Primarily in the courts, there needs to be a “culture shift.” And judges must be at the forefront of that shift and be active in sharing changes and improvements with judges in other courts and jurisdictions.
“Judges in this country have a high degree of respect from the public and stakeholders in the justice system,” says Farrow.
That level of respect gives them great power to pull the system back or move it forward, he says. But being the trenches every day, judges know what is happening and many have good ideas for ways to make the sytem better.
The report suggest some examples of leadership initiatives
- Judges and court staff should actively work together to find ways of improving communication to deal with specific problem areas or issues that are in need of reform (scheduling, trial management, document management, etc.).
- Positive examples of public engagement and public education by judges (and court staff) should be encouraged in order to “speak out for justice” (including at new judge ceremonies, opening of the court ceremonies, at schools, colleges and universities, etc.).
- Internal initiatives, potentially including annual awards and/or other forms of recognition for staff ideas in the area of improving court performance, should be considered and welcomed.
But it is not just up to the courts. Every player in the system can have a role to play from the government, to lawyers, social services, the courts, and others.
“We see need for change all along the justice continuum,” says Farrow.
Asked if he thought these reports would end up sitting on the shelf collecting dust like so many others on improving the civil justice system, Farrow says he’s optimistic that substantial change is on the way.
“Now, I think there’s more a national discussion than ever before,” he says. “People are really starting to take seriously the need for change.”
He notes the push is coming from Chief Justice Beverley McLachlin down through the whole justice system and beyond. “It is so broadly based, it has wide support across the country and deeply within the system.”
All four reports from the National Action Committee on Access to Justice in Civil and Family Matters are available on the Canadian Forum on Civil Justice’s web site.
Canada
Years of legal wrangling ended when court ruled woman must remove niqab to testify, The National Post
Terror suspect refuses to acknowledge Criminal Code, says it is not a holy book, Calgary Sun
Condo dwellers surprised by 'perfectly legal' 10 per cent rent increase, Toronto Star
United States
Patent challengers use review process to 'strike first' before litigation has started, Reuters
Healthcare on top of priority list for enforcers of antitrust law, Reuters
International
EU antitrust body is looking into Google concessions, Reuters
Arab bank ordered by court to face financing trial, Reuters
Years of legal wrangling ended when court ruled woman must remove niqab to testify, The National Post
Terror suspect refuses to acknowledge Criminal Code, says it is not a holy book, Calgary Sun
Condo dwellers surprised by 'perfectly legal' 10 per cent rent increase, Toronto Star
United States
Patent challengers use review process to 'strike first' before litigation has started, Reuters
Healthcare on top of priority list for enforcers of antitrust law, Reuters
International
EU antitrust body is looking into Google concessions, Reuters
Arab bank ordered by court to face financing trial, Reuters
Firms need to accommodate older lawyers who want to work: Lean
Written by Charlotte Santry Wednesday, 24 April 2013
Veteran lawyer and political campaigner Ralph Lean has called for firms to better accommodate those who wish to work into their 70s, as he leaves Cassels Brock & Blackwell LLP for Heenan Blaikie LLP.
Lean is leaving Cassels next Tuesday after he says the firm failed to make him an offer to stay beyond its mandatory retirement age of 68 that he felt reflected his experience.
Lean, who is 67, tells Legal Feeds: “In early January they offered me a contract for two years but we couldn’t agree. . . They offered me less than I thought I was worth.”
He had “nothing negative to say” about Cassels, where he has worked for 25 years, noting he was leaving on good terms.
“In the past two days I’ve had 25 to 30 partners visit me. They’re devastated that I’m leaving but understand it was a business decision,” he says.
But he believes firms need to “figure how do we deal with 68 year olds who want to stay and want to practise.”
“We live in an age of age discrimination,” he says. “The present 67, 68 is the old 40. I’m choosing to carry on working because I want to. I’ve seen too many of my clients sell their business and have more money than they ever dreamed possible and almost 100 per cent of them get sick.
“I didn’t want to go to Florida for five months a year. I imagined putting deals together and raising money for political campaigns and raising money for charity.”
Lean sits on the board of several charities and is a visiting professor at Ryerson University as well as a well-known political fundraiser.
A self-declared Conservative, he plans to support controversial Toronto mayor Rob Ford’s re-election campaign in 2014, due to Ford’s “economic performance.”
In 2010, he worked with Ford’s unsuccessful Liberal opponent George Smitherman. He previously raised funds for former Toronto mayor David Miller, before withdrawing from the camp after several years due to clients’ concerns with the direction Miller was taking.
He says he is excited to be joining a firm that counts prime minister Pierre Trudeau among its alumni, and will move to Heenan Blaikie on May 1 as counsel.
The contract lasts just over 2.5 years, but both parties “expect it to get renewed,” says Lean, who notes he was offered a “significant bonus based on performance.”
He is confident the majority of his clients will move with him, due to the close relationships and networks he has built over the years.
“I have a huge Rolodex. I probably know more people than any lawyer in the country,” he says.
His web site reveals his clients include Donald Trump and NBA star Vince Carter and that he goes fishing with former U.S. president George Bush.
He hopes to also use his role as honorary consul for the Kingdom of Morocco to connect contacts there with Heenan Blaikie’s Paris office and says he will play a part in the firm’s China strategy, making the most of his “spectacular contacts in the government.”
He adds: “I hope I can make the next 20 years at Heenan Blaikie. My vision has always been to die at my desk, unless I have a health issue and can’t get to my desk.
“This has been a very troubling month but I never felt younger. I have a new career. My new partners are excited and jumping in files and calling me and couldn’t have welcomed me more.”
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| Ralph Lean will join Heenan Blaikie as counsel after 25 years at Cassels Brock. |
Lean, who is 67, tells Legal Feeds: “In early January they offered me a contract for two years but we couldn’t agree. . . They offered me less than I thought I was worth.”
He had “nothing negative to say” about Cassels, where he has worked for 25 years, noting he was leaving on good terms.
“In the past two days I’ve had 25 to 30 partners visit me. They’re devastated that I’m leaving but understand it was a business decision,” he says.
But he believes firms need to “figure how do we deal with 68 year olds who want to stay and want to practise.”
“We live in an age of age discrimination,” he says. “The present 67, 68 is the old 40. I’m choosing to carry on working because I want to. I’ve seen too many of my clients sell their business and have more money than they ever dreamed possible and almost 100 per cent of them get sick.
“I didn’t want to go to Florida for five months a year. I imagined putting deals together and raising money for political campaigns and raising money for charity.”
Lean sits on the board of several charities and is a visiting professor at Ryerson University as well as a well-known political fundraiser.
A self-declared Conservative, he plans to support controversial Toronto mayor Rob Ford’s re-election campaign in 2014, due to Ford’s “economic performance.”
In 2010, he worked with Ford’s unsuccessful Liberal opponent George Smitherman. He previously raised funds for former Toronto mayor David Miller, before withdrawing from the camp after several years due to clients’ concerns with the direction Miller was taking.
He says he is excited to be joining a firm that counts prime minister Pierre Trudeau among its alumni, and will move to Heenan Blaikie on May 1 as counsel.
The contract lasts just over 2.5 years, but both parties “expect it to get renewed,” says Lean, who notes he was offered a “significant bonus based on performance.”
He is confident the majority of his clients will move with him, due to the close relationships and networks he has built over the years.
“I have a huge Rolodex. I probably know more people than any lawyer in the country,” he says.
His web site reveals his clients include Donald Trump and NBA star Vince Carter and that he goes fishing with former U.S. president George Bush.
He hopes to also use his role as honorary consul for the Kingdom of Morocco to connect contacts there with Heenan Blaikie’s Paris office and says he will play a part in the firm’s China strategy, making the most of his “spectacular contacts in the government.”
He adds: “I hope I can make the next 20 years at Heenan Blaikie. My vision has always been to die at my desk, unless I have a health issue and can’t get to my desk.
“This has been a very troubling month but I never felt younger. I have a new career. My new partners are excited and jumping in files and calling me and couldn’t have welcomed me more.”
Criminal Code, not ‘holy book,’ says terror suspect
Written by Allison Martell, Reuters Wednesday, 24 April 2013
One of the two men accused of an al Qaeda-backed plan to derail a passenger train in Canada questioned the authority of Canadian law to judge him, telling a court on Wednesday the Criminal Code is imperfect and is not a holy book.
Chiheb Esseghaier, a Tunisian-born PhD student, faces charges that include conspiracy to murder and working with a terrorist group.
He and another suspect allegedly hoped to derail a passenger train, perhaps at a bridge near the U.S.-Canada border, with possible heavy loss of life, said authorities.
In a brief hearing where he was ordered back into custody, Esseghaier, 30, said the allegations against him are based on laws that are unreliable because they are not the work of God.
“All of these conclusions was taken out based on [the] Criminal Code,” he told a Toronto court. “The Criminal Code is not [a] holy book.”
He added: “Only the creator is perfect.”
Esseghaier, who has a thick black beard and wore a blue-black windbreaker, declined to use an Arabic interpreter the court had made available. But he seemed to struggle at times to understand the proceedings.
Canadian authorities said they have linked the two to al Qaeda factions in Iran. They said, however that there is no indication the plans, which police described as the first known al Qaeda-backed plot on Canadian soil, were state-sponsored. Tehran has vehemently rejected any ties to the arrests.
Authorities said there is also no connection to the Boston Marathon bombing. But U.S. officials say investigators are trying to establish if the two suspects were part of a wider network with associates in the United States, especially in New York.
Esseghaier, along with Raed Jaser, 35, of Toronto, were arrested on Monday in separate raids after what police said was a joint Canada-U.S. investigation that started last year after a tip from a member of the Muslim community.
Jaser was remanded into custody on Tuesday. He denies the charges against him, said his lawyer John Norris, who has also represented Canadian Guantanamo detainee Omar Khadr.
Jaser was born in the UAE and came to Canada with his parents as refugees 20 years ago, although he only recently obtained status as a permanent resident.
U.S. officials said the suspects were believed to have worked on a plan to blow up a trestle bridge on the Canadian side of the border as the Maple Leaf, Amtrak’s daily run between Toronto and New York, passed over it.
Canadian police said there had been no immediate threat to rail passengers or to the public.
Police had tracked Esseghaier for a year before making the arrests. U.S. sources close to the investigation said he made several trips to the United States, with one official saying “loose ends” were still being pursued in the United States.
Why the arrests were made on Monday was the source of speculation on Wednesday, with some reports saying officials felt a sense of urgency to act preventively after the Boston tragedy and others saying they decided to act after intelligence showed the plot was closer to being execution.
“I don’t get into operational matters,” Canadian Public Safety Minister Vic Toews said when asked to comment on the timing of the arrests.
Jaser’s lawyer Norris called the timing of the arrests “notable”, citing the events in Boston and anti-terror legislation being debated in Parliament.
The link to Iran has puzzled some experts, as there has been little evidence of attempts by the few al Qaeda figures there to attack the West. However, a U.S. government source said Iran is home to a little-known network of alleged al Qaeda fixers and “facilitators” based in the city of Zahedan, very close to Iran’s borders with both Pakistan and Afghanistan.
Canada severed diplomatic ties with Iran last year over what it said was Iran’s support for terrorist groups, as well as its nuclear program and its hostility towards Israel.
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| Canadian police escort suspect Chiheb Esseghaier from a plane to a truck after arriving in Markham, Ont. (Photo: CTV News) |
He and another suspect allegedly hoped to derail a passenger train, perhaps at a bridge near the U.S.-Canada border, with possible heavy loss of life, said authorities.
In a brief hearing where he was ordered back into custody, Esseghaier, 30, said the allegations against him are based on laws that are unreliable because they are not the work of God.
“All of these conclusions was taken out based on [the] Criminal Code,” he told a Toronto court. “The Criminal Code is not [a] holy book.”
He added: “Only the creator is perfect.”
Esseghaier, who has a thick black beard and wore a blue-black windbreaker, declined to use an Arabic interpreter the court had made available. But he seemed to struggle at times to understand the proceedings.
Canadian authorities said they have linked the two to al Qaeda factions in Iran. They said, however that there is no indication the plans, which police described as the first known al Qaeda-backed plot on Canadian soil, were state-sponsored. Tehran has vehemently rejected any ties to the arrests.
Authorities said there is also no connection to the Boston Marathon bombing. But U.S. officials say investigators are trying to establish if the two suspects were part of a wider network with associates in the United States, especially in New York.
Esseghaier, along with Raed Jaser, 35, of Toronto, were arrested on Monday in separate raids after what police said was a joint Canada-U.S. investigation that started last year after a tip from a member of the Muslim community.
Jaser was remanded into custody on Tuesday. He denies the charges against him, said his lawyer John Norris, who has also represented Canadian Guantanamo detainee Omar Khadr.
Jaser was born in the UAE and came to Canada with his parents as refugees 20 years ago, although he only recently obtained status as a permanent resident.
U.S. officials said the suspects were believed to have worked on a plan to blow up a trestle bridge on the Canadian side of the border as the Maple Leaf, Amtrak’s daily run between Toronto and New York, passed over it.
Canadian police said there had been no immediate threat to rail passengers or to the public.
Police had tracked Esseghaier for a year before making the arrests. U.S. sources close to the investigation said he made several trips to the United States, with one official saying “loose ends” were still being pursued in the United States.
Why the arrests were made on Monday was the source of speculation on Wednesday, with some reports saying officials felt a sense of urgency to act preventively after the Boston tragedy and others saying they decided to act after intelligence showed the plot was closer to being execution.
“I don’t get into operational matters,” Canadian Public Safety Minister Vic Toews said when asked to comment on the timing of the arrests.
Jaser’s lawyer Norris called the timing of the arrests “notable”, citing the events in Boston and anti-terror legislation being debated in Parliament.
The link to Iran has puzzled some experts, as there has been little evidence of attempts by the few al Qaeda figures there to attack the West. However, a U.S. government source said Iran is home to a little-known network of alleged al Qaeda fixers and “facilitators” based in the city of Zahedan, very close to Iran’s borders with both Pakistan and Afghanistan.
Canada severed diplomatic ties with Iran last year over what it said was Iran’s support for terrorist groups, as well as its nuclear program and its hostility towards Israel.
Canada
Toronto immigration lawyer offering free services to dying mother in fight to have daughters made Canadian citizens, Toronto Star
Father of teen who killed herself after being bullied calls for new law against online harassment, Vancouver Sun
Lawyer for two media publications says judge erred on murder case publication ban, Chronicle Herald
United States
Public defender takes on complicated task in Boston bombing case, Reuters
Appeals court rules 1998 copyright act is not a defense for online music service, Reuters
International
Euro zone's top project to boost economy will not wait for EU law change: Eurogroup head, Reuters
Protest leader calls charges against him 'trumped up,' urges court to throw case out, Reuters
Toronto immigration lawyer offering free services to dying mother in fight to have daughters made Canadian citizens, Toronto Star
Father of teen who killed herself after being bullied calls for new law against online harassment, Vancouver Sun
Lawyer for two media publications says judge erred on murder case publication ban, Chronicle Herald
United States
Public defender takes on complicated task in Boston bombing case, Reuters
Appeals court rules 1998 copyright act is not a defense for online music service, Reuters
International
Euro zone's top project to boost economy will not wait for EU law change: Eurogroup head, Reuters
Protest leader calls charges against him 'trumped up,' urges court to throw case out, Reuters
Lawyer says terror suspect will 'defend himself vigorously’
Written by Allison Martell and Randall Palmer, Reuters Tuesday, 23 April 2013
Two men charged in Canada with plotting an attack on a passenger train appeared in separate courts on Tuesday while Iran reacted angrily to police accusations that the plotters were backed by al Qaeda elements in Iran.
Raed Jaser, 35, of Toronto and Chiheb Esseghaier, 30, of Montreal were arrested in separate raids and charged on Monday, sparking worries of a Canadian attack just one week after the Boston Marathon bombings killed three people and injured more than 200.
Jaser arrived at the procedural hearing in Toronto’s Old City Hall courthouse sporting a long black beard and black cap. Details of the hearing are covered by a publication ban.
Jaser, who denied any involvement, was detained and will return for a bail hearing at a later date, his lawyer, John Norris, told reporters.
“He denies the allegations and he will vigorously defend them,” Norris said outside the court, describing Jaser as being in a state of “shock and disbelief.”
He would not disclose Jaser’s nationality but said he has been a resident of Canada for 20 years.
Outside the court room, a middle-aged man, a woman in a cream-colored hijab and a younger man identified themselves as family, but would not give their names or answer questions.
Esseghaier, a Tunisian-born doctoral student at a Montreal-area university, appeared at a Montreal court, handcuffed and in shackles.
He told the judge that conclusions had been drawn from deeds and words “that are only appearances.”
“We can’t conclude. . .” he said before being cut off by Quebec judge Pierre Labelle, who said this appearance was only designed to fulfill a legal requirement that he appear in his province within 24 hours of his arrest.
Bearded and bespectacled, Esseghaier was remanded in custody until an arrest warrant is executed and endorsed in Quebec. Federal prosecutor Richard Roy said he expected this to happen Tuesday, allowing Esseghaier to be flown back to Toronto for a court appearance there.
Canadian authorities have linked the two to al Qaeda factions in Iran but they say there is no indication the attack plans, which police described as the first known al Qaeda-backed plot on Canadian soil, were state-sponsored.
Police said they had been investigating the two suspects since last fall after a tip from the Muslim community in Toronto.
U.S. officials said the attack would have targeted a rail line between New York and Toronto, a route that travels along the Hudson Valley into New York wine country and enters Canada near Niagara Falls.
Canadian police said only that the plot involved a passenger train route in the Toronto area.
Little is known about Jaser but a spokeswoman for the Institut National de la Recherche Scientifique near Montreal confirmed to Reuters that Esseghaier was a doctoral student at the research institute.
Iran had some senior al Qaeda figures under a form of house arrest in the years following the Sept. 11, 2001, attacks, but there has been little to no evidence to date of joint attempts to execute violence against the West.
However, a U.S. government source said Iran is home to a little-known network of alleged al Qaeda fixers and “facilitators” based in the city of Zahedan, very close to Iran’s borders with both Pakistan and Afghanistan.
Iran reacted angrily to being tied to the arrests. Canada last year severed diplomatic ties over what it said was Iran’s support for terrorist groups, as well as its nuclear programmed and its hostility towards Israel.
“No shred of evidence regarding those who’ve been arrested and stand accused has been provided,” Iranian Foreign Minister spokesman Ramin Mehmanparast said, according to the Mehr news agency.
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| John Norris, the lawyer for terror suspect Raed Jaser, speaks to the following his client’s brief appearance in at Old City Hall court this morning. (Photo: Jon Blacker/Reuters) |
Jaser arrived at the procedural hearing in Toronto’s Old City Hall courthouse sporting a long black beard and black cap. Details of the hearing are covered by a publication ban.
Jaser, who denied any involvement, was detained and will return for a bail hearing at a later date, his lawyer, John Norris, told reporters.
“He denies the allegations and he will vigorously defend them,” Norris said outside the court, describing Jaser as being in a state of “shock and disbelief.”
He would not disclose Jaser’s nationality but said he has been a resident of Canada for 20 years.
Outside the court room, a middle-aged man, a woman in a cream-colored hijab and a younger man identified themselves as family, but would not give their names or answer questions.
Esseghaier, a Tunisian-born doctoral student at a Montreal-area university, appeared at a Montreal court, handcuffed and in shackles.
He told the judge that conclusions had been drawn from deeds and words “that are only appearances.”
“We can’t conclude. . .” he said before being cut off by Quebec judge Pierre Labelle, who said this appearance was only designed to fulfill a legal requirement that he appear in his province within 24 hours of his arrest.
Bearded and bespectacled, Esseghaier was remanded in custody until an arrest warrant is executed and endorsed in Quebec. Federal prosecutor Richard Roy said he expected this to happen Tuesday, allowing Esseghaier to be flown back to Toronto for a court appearance there.
Canadian authorities have linked the two to al Qaeda factions in Iran but they say there is no indication the attack plans, which police described as the first known al Qaeda-backed plot on Canadian soil, were state-sponsored.
Police said they had been investigating the two suspects since last fall after a tip from the Muslim community in Toronto.
U.S. officials said the attack would have targeted a rail line between New York and Toronto, a route that travels along the Hudson Valley into New York wine country and enters Canada near Niagara Falls.
Canadian police said only that the plot involved a passenger train route in the Toronto area.
Little is known about Jaser but a spokeswoman for the Institut National de la Recherche Scientifique near Montreal confirmed to Reuters that Esseghaier was a doctoral student at the research institute.
Iran had some senior al Qaeda figures under a form of house arrest in the years following the Sept. 11, 2001, attacks, but there has been little to no evidence to date of joint attempts to execute violence against the West.
However, a U.S. government source said Iran is home to a little-known network of alleged al Qaeda fixers and “facilitators” based in the city of Zahedan, very close to Iran’s borders with both Pakistan and Afghanistan.
Iran reacted angrily to being tied to the arrests. Canada last year severed diplomatic ties over what it said was Iran’s support for terrorist groups, as well as its nuclear programmed and its hostility towards Israel.
“No shred of evidence regarding those who’ve been arrested and stand accused has been provided,” Iranian Foreign Minister spokesman Ramin Mehmanparast said, according to the Mehr news agency.
Starbucks has named Gowling LaFleur Henderson LLP as the recipient of its International Excellence in Diversity Award for 2012 — the first Canadian firm to receive the award.
Presented by the coffee company’s law and corporate affairs department, the distinction recognizes Gowlings for its efforts to enhance diversity and promote inclusion — both within the firm and across the legal profession.
“In all categories, Gowlings consistently demonstrated a deep commitment to diversity,” said Lucy Lee Helm, Starbucks’ executive vice president, general counsel, and secretary in a statement. “In 2012, the firm’s percentage of women attorneys and partners was best in class among our international law firms. Their efforts are deeply impressive and demonstrate true leadership in enhancing diversity and creating critical opportunities for diverse legal professionals.”
Some of the categories Starbucks measured included:
• The number of diverse professionals from Gowlings who have worked on legal matters for Starbucks;
• The number of diverse professionals granted partnership status at Gowlings in recent years;
• The firm’s overall support for diversity initiatives and programs, both internally and externally;
• The existence of an organizational structure that reflects a strong commitment to diversity, including flexible work options and formal mentorship programs.
Gowlings represents Starbucks in numerous areas in all of its offices across Canada and in Moscow. Susan Rosen, the firm’s client team leader for Starbucks says the coffee giant requires Gowlings to engage a diverse roster of lawyers to work on its files.
“Starbucks recognizes that it takes a diverse team to effectively serve a diverse clientele, and they’re committed to upholding a culture where diversity is valued and respected. This extends not only to their own organization but to all of their external service providers worldwide, including law firms,” says Rosen.
Starbucks has conducted an annual diversity survey of its legal service providers around the world since 2009.
The results give Starbucks the ability to compare the diversity efforts of law firms. Previous award recipients include Morrison & Foerster LLP, Baker & McKenzie, and Littler Mendelson PC.
Sharon Mitchell, Gowlings’ chief operating officer says clients regularly ask about diversity within the firm’s ranks.
“Sometimes it’s in the context of an RFP; other times it’s just part of a client’s overall evaluation of our firm. We’re always happy to provide this information because we understand how critical diversity is to an organization’s success, and we feel the exact same way.”
Diversity is increasingly becoming a factor for companies when engaging external counsel, although Canadian firms well behind their American counterparts on this issue.
“Yes, we’re definitely seeing this more often. Increasingly, general counsel — especially in the U.S. — are asking us to provide some background into the diversity of our teams. Ultimately, they want law firms to reflect the diversity in their own organizations, and Gowlings is well positioned to do this,” says Mitchell.
Over the years, Gowlings has supported a range of diversity and social responsibility initiatives. It is a founding member of the Law Firm Diversity and Inclusion Network, and one of the original signatories to the Law Society of Upper Canada’s Justicia Project, aimed at retaining more women in legal private practice. The firm has since spearheaded the Justicia Project on behalf of the Law Society of Alberta and the Law Society of British Columbia.
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| (l to r) Gowlings’ CEO Scott Jolliffe, Gowlings’ partner Susan Rosen, Michele Jenkins, director, managing corporate counsel of Starbucks Coffee Canada, Gowlings’ COO Sharon Mitchell and Gowlings’ managing partner Stephen Pike. |
“In all categories, Gowlings consistently demonstrated a deep commitment to diversity,” said Lucy Lee Helm, Starbucks’ executive vice president, general counsel, and secretary in a statement. “In 2012, the firm’s percentage of women attorneys and partners was best in class among our international law firms. Their efforts are deeply impressive and demonstrate true leadership in enhancing diversity and creating critical opportunities for diverse legal professionals.”
Some of the categories Starbucks measured included:
• The number of diverse professionals from Gowlings who have worked on legal matters for Starbucks;
• The number of diverse professionals granted partnership status at Gowlings in recent years;
• The firm’s overall support for diversity initiatives and programs, both internally and externally;
• The existence of an organizational structure that reflects a strong commitment to diversity, including flexible work options and formal mentorship programs.
Gowlings represents Starbucks in numerous areas in all of its offices across Canada and in Moscow. Susan Rosen, the firm’s client team leader for Starbucks says the coffee giant requires Gowlings to engage a diverse roster of lawyers to work on its files.
“Starbucks recognizes that it takes a diverse team to effectively serve a diverse clientele, and they’re committed to upholding a culture where diversity is valued and respected. This extends not only to their own organization but to all of their external service providers worldwide, including law firms,” says Rosen.
Starbucks has conducted an annual diversity survey of its legal service providers around the world since 2009.
The results give Starbucks the ability to compare the diversity efforts of law firms. Previous award recipients include Morrison & Foerster LLP, Baker & McKenzie, and Littler Mendelson PC.
Sharon Mitchell, Gowlings’ chief operating officer says clients regularly ask about diversity within the firm’s ranks.
“Sometimes it’s in the context of an RFP; other times it’s just part of a client’s overall evaluation of our firm. We’re always happy to provide this information because we understand how critical diversity is to an organization’s success, and we feel the exact same way.”
Diversity is increasingly becoming a factor for companies when engaging external counsel, although Canadian firms well behind their American counterparts on this issue.
“Yes, we’re definitely seeing this more often. Increasingly, general counsel — especially in the U.S. — are asking us to provide some background into the diversity of our teams. Ultimately, they want law firms to reflect the diversity in their own organizations, and Gowlings is well positioned to do this,” says Mitchell.
Over the years, Gowlings has supported a range of diversity and social responsibility initiatives. It is a founding member of the Law Firm Diversity and Inclusion Network, and one of the original signatories to the Law Society of Upper Canada’s Justicia Project, aimed at retaining more women in legal private practice. The firm has since spearheaded the Justicia Project on behalf of the Law Society of Alberta and the Law Society of British Columbia.
Canada
Toronto lawyer denies 'nasty tweets' about Boston bombings from his Twitter account, Toronto Star
SCC Justice Morris Fish is retiring, leaving Harper to make next appointment, Calgary Herald
Engineer charged under health and safety laws in deadly Elliot Lake mall collapse, The National Post
United States
Antitrust law tested by Cablevision's suit against Viacom, Reuters
Court rules Medicare plan has 'no right' to sue man's survivors for medical expenses, Reuters
International
Egypt's president takes back plan to 'purge' judges, says he will respect the judiciary, Reuters
100 political prisoners get amnesty from Myanmar, Reuters
Toronto lawyer denies 'nasty tweets' about Boston bombings from his Twitter account, Toronto Star
SCC Justice Morris Fish is retiring, leaving Harper to make next appointment, Calgary Herald
Engineer charged under health and safety laws in deadly Elliot Lake mall collapse, The National Post
United States
Antitrust law tested by Cablevision's suit against Viacom, Reuters
Court rules Medicare plan has 'no right' to sue man's survivors for medical expenses, Reuters
International
Egypt's president takes back plan to 'purge' judges, says he will respect the judiciary, Reuters
100 political prisoners get amnesty from Myanmar, Reuters
Supreme Court of Canada Justice Morris Fish will be leaving the court at the end of the summer.
Chief Justice Beverley McLachlin announced today that Fish wrote to Justice Minister Rob Nicholson to advise that he will retire from the country’s top court at the end of the spring session. Fish’s retirement will be effective Aug. 31, 2013. Under the Judges Act, a retiring justice can continue to participate in judgments with respect to cases heard prior to retiring for a period of six months.
“Justice Fish has served on the court with wisdom, and made enormous contributions to the court and to Canada,” McLachlin said in a statement this afternoon. “He is a wonderful colleague and friend who will be greatly missed.”
For his part, Fish said, “By the date of my planned retirement, I will have served my country as a justice of its highest courts for nearly a quarter century — including more than 10 years on the Supreme Court of Canada. I am grateful to have enjoyed this privilege and mindful of the honour and public trust that attach to the holding of judicial office in Canada.”
Ottawa lawyer and long-time Supreme Court agent Eugene Meehan commented on Fish's announcement: “In Canada’s national court he always stuck his juridical neck out for the little guy – Canada’s best defence judge has now ‘gone fishing.'"
Fish reaches the mandatory retirement age of 75 this fall, and the other Quebec SCC judge, Louis LeBel, has to retire next year. The Supreme Court Act required that three of the nine judges on the court come from Quebec.
Fish was appointed to the Supreme Court bench on Aug. 5, 2003, after serving over 14 years as a judge of the Quebec Court of Appeal and a distinguished career as an educator and criminal lawyer in Montreal. He was the first Quebec Anglophone appointed to the Supreme Court of Canada since Douglass Abbott in the 1950s and was the first Jewish Supreme since former chief justice Bora Laskin. He succeeded retired SCC justice Charles Gonthier.
Upon his appointment to the top court in 2003, then chief justice of the Quebec Court of Appeal Michel Robert noted to Law Times: “[Fish] has a passion for defending the rights of the accused, though he’s not always in favour of the accused’s rights. I think he’s got some equilibrium and balance.”
Update: 5:01 pm. Comments from Meehan.
 |
| Justice Morris Fish will officially leave the Supreme Court on Aug. 31. |
“Justice Fish has served on the court with wisdom, and made enormous contributions to the court and to Canada,” McLachlin said in a statement this afternoon. “He is a wonderful colleague and friend who will be greatly missed.”
For his part, Fish said, “By the date of my planned retirement, I will have served my country as a justice of its highest courts for nearly a quarter century — including more than 10 years on the Supreme Court of Canada. I am grateful to have enjoyed this privilege and mindful of the honour and public trust that attach to the holding of judicial office in Canada.”
Ottawa lawyer and long-time Supreme Court agent Eugene Meehan commented on Fish's announcement: “In Canada’s national court he always stuck his juridical neck out for the little guy – Canada’s best defence judge has now ‘gone fishing.'"
Fish reaches the mandatory retirement age of 75 this fall, and the other Quebec SCC judge, Louis LeBel, has to retire next year. The Supreme Court Act required that three of the nine judges on the court come from Quebec.
Fish was appointed to the Supreme Court bench on Aug. 5, 2003, after serving over 14 years as a judge of the Quebec Court of Appeal and a distinguished career as an educator and criminal lawyer in Montreal. He was the first Quebec Anglophone appointed to the Supreme Court of Canada since Douglass Abbott in the 1950s and was the first Jewish Supreme since former chief justice Bora Laskin. He succeeded retired SCC justice Charles Gonthier.
Upon his appointment to the top court in 2003, then chief justice of the Quebec Court of Appeal Michel Robert noted to Law Times: “[Fish] has a passion for defending the rights of the accused, though he’s not always in favour of the accused’s rights. I think he’s got some equilibrium and balance.”
Update: 5:01 pm. Comments from Meehan.
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