Canada

Ontario court judge chided for conviction of mentally ill man, The Globe and Mail

Convicted U.S. pedophile hid in Vancouver for eight years, The Province
 
Nfld. provincial court chief judge welcomes wife to the bench, The Telegram

United States

Supreme Court sends back case on Calif. Medicaid cuts, Reuters

Same-sex spouse allowed health benefits in U.S. court case, Reuters

International

Philippines ex-president Arroyo pleads not guilty in election fraud trial, Reuters

Apple can sell iPads in Shanghai: court, Reuters 

Osgoode Hall Law School has won the world’s first ever Twitter moot.

Students mooted the British Columbia Court of Appeal’s decision in West Moberly First Nations v. British Columbia (Chief Inspector of Mines). The case involves West Moberly’s struggle to protect its property and Burnt Pine caribou herd from First Coal Corp., which is seeking to set up a coal mine on its land. Osgoode’s team represented West Moberly. Teams from law faculties at the University of Victoria, Dalhousie University, the University of British Columbia, and the University of Ottawa also participated in the moot.

So many viewers tuned in to the virtual moot hosted by West Coast Environmental Law on Feb. 21 that the Twitter feed became overwhelmed at one point, causing a brief technical delay.

Second-year University of Victoria law students Matthew Nefstead and Jenn Cameron won the People’s Choice award for their representation of the province of British Columbia.

They concede that the moot was stressful at times. “It was really challenging to get everything in in the time allotted, especially when the judges started asking questions,” says Nefstead.

They essentially had their tweets prepared, he says, but it was difficult to respond to questions that referred to specific paragraphs of cases within the 10-minute time limit they were given to present their arguments.

University of Calgary law professor and moot judge Kathleen Mahoney says she also felt constricted by the time limits.

“For the judges, too, it’s obvious you have to prepare your questions in advance and be able to modify them throughout the course of the argument because if you don’t, you don’t have enough time to think through what the student is saying and compose your question from scratch,” she says.

Nefstead and Cameron suggest that instead of having time restrictions, there should be a maximum number of tweets set. Such a limit would still compel mooters to be concise since a tweet can’t be more than 140 characters.

“Part of the idea behind the event was to force us to be extra concise, but I think there would be some room to add a little bit of extra time to allow the arguments to be flushed out a little better, especially to be able to respond to questions,” says Nefstead.

Mahoney proposes that mooters address the references in their factum, which is also limited to a maximum of two pages, rather than discuss them during the moot. “I think this kind of exercise will work best if the matter is just boiled down to the essential arguments where the issues clash and hear what the students have to say about that,” she says.

Along with the factum, some teams, including the University of Victoria’s, prepared a short video.

As to be expected, there was also some bantering during the moot. Mahoney says humor is acceptable but notes participants shouldn’t interrupt the other parties during their allotted time period. “I don’t think it should be permissible for students to jump in when others are doing their submissions because obviously when you’re so limited in time, that could be unfair,” she says. “So I think that should probably be something that would attract a penalty because it’s not like a free-for-all.”

But Cameron says Twitter makes it hard to put a stop to interruptions. “In a courtroom, the judges have control over the individuals. So they’re able to stop them before it becomes an interruption, but the nature of Twitter doesn’t really allow that kind of control.”

Mahoney, who had never used Twitter before, admits it was quite a challenge. Her daughter helped her set up an account and practise a bit before the moot. And now that she’s more familiar with it, she plans to tweet on a regular basis and maybe even use it as a teaching tool.

Canada

Crown stays sex assault charge in relation to B.C. rave party, The Province

No charges will be laid in Quebec City arena lobbying, The Globe and Mail

Montreal cardiologist facing bribe charges says he was harassed by killer patient, Montreal Gazette

United States

New York judge upholds drilling, fracking ban in small towns, Reuters

U.S. Supreme Court to hear university race admissions case, Reuters

International

Kim Dotcom freed from NZ jail and sentenced to house arrest, Reuters

Israel court scraps Orthodox Jews' draft exemption, Reuters 

Two law firms have been named as Canada’s best diversity employers.

Stikeman Elliott LLP and Fraser Milner Casgrain LLP were recognized by MediaCorp Canada as Canada’s Best Diversity Employers for 2012.

Canada’s Best Diversity Employers program recognizes 45 employers from across Canada with exemplary diversity initiatives in five employee groups: women, members of visible minorities, persons with disabilities, Aboriginal Peoples, and lesbian, gay, bisexual, and transgendered/transsexual people. More than 2,750 employers across Canada started the application process for this year's competition, which was reduced to a short-listed group.

“We are thrilled to once again receive this award and the recognition it gives to the many initiatives we have undertaken to acknowledge and celebrate the diverse nature of our firm,” said Stikeman Elliott chairman Pierre Raymond.

“Each of our offices is committed to incorporating diversity initiatives in areas like recruitment, mentoring, and client engagements to ensure that all of our firm members are supported and respected. This award is a wonderful confirmation that our efforts are successful."
 
Stikeman Elliott’s diversity program includes:
 
• Client and business development programs designed for women.

• Participation in industry organizations and client activities that promote connections through diversity initiatives.

• Training for new hires, mentors, and firm members involved in recruitment and people development.

• A coaching program for women returning from maternity leave on a range of topics related to career development and work-life balance.

• Firm-wide policies to support lesbian and gay lawyers and staff, including equitable spousal benefits and parental leave policies.

• Participation in the Out on Bay Street initiative.

Fraser Milner Casgrain’s diversity program has been in place for 5 1/2 years and was originally driven in part by client demand, says partner Kate Broer, co-chairwoman of the firm’s national diversity program.

“We have often emulated some of the things our clients have done, but it’s also given us opportunities to partner with them on diversity initiatives,” says Broer. “In the beginning, we saw it was a client imperative mostly being driven from the United States. We all saw the trends and there were some fairly influential users of legal services — Wal-Mart and Shell — asking their law firm services providers to be accountable in diversity inclusion.”

FMC’s diversity program was recognized for the following initiatives:

• Established a national diversity and inclusion committee in 2006. Each office also has a designated diversity lead.

• Working with the Black Business and Professional Association, the firm manages a national scholarship program for students who are interested in pursuing legal studies.

• The firm subsidizes the cost of employees’ membership in and attendance at events hosted by community organizations such as the Korean Lawyers Association and the South Asian Bar Association.

• Provides pro bono legal services to Pride at Work Canada, a non-profit corporation that provides support to lesbian and gay professionals in the Canadian workplace, and participates in Out On Bay Street. It also attends career fairs directed at lesbian and gay students at the University of Ottawa, Ryerson University, and the University of Toronto.

• Requires all employees and partners to complete diversity and inclusiveness training and is planning e-learning diversity courses for the coming year.

• Operates the Vault Women's initiative to provide female employees a forum for interaction.

• The Calgary office participates in the Law Society of Alberta’s aboriginal summer student program. If the term is completed satisfactorily, an offer of full-time employment usually follows.

Canada

What bill C-10 could mean for Canada's natives, The Globe and Mail

Mountie was depressed alcoholic at time of accident, doctor tells Supreme Court, Calgary Herald

Montreal cardiologists face disciplinary charges over alleged bribes, Montreal Gazette

United States

Text messages can be used against couples in divorce court, Reuters

Jury selection set to begin in Philadelphia church abuse scandal, Reuters

International

Apple's trademark dispute moves to Shanghai, Reuters

Ecuador court rejects $18B Chevron arbitration ruling, Reuters

The Supreme Court of Canada has dismissed a couple’s bid to have their children exempted from the Ethics and Religious Culture program that became mandatory in Quebec schools in 2008.

The CCLA’s Nathalie Des Rosiers says the ruling recognizes the difference between religious indoctrination and instruction.

The parents, identified only as S.L. and D.J., argued that the ERC program interfered with their ability to pass on the Catholic faith to their children. They requested to have their children exempt from the program, but the school board refused.

In upholding the Quebec Court of Appeal’s dismissal, the top court said the parents had not proved their right to freedom of religion had been violated.

“Although the sincerity of a person’s belief that a religious practice must be observed is relevant to whether the person’s right to freedom of religion is at issue, an infringement of this right cannot be established without objective proof of an interference with the observance of that practice. It is not enough for a person to say that his or her rights have been infringed. The person must prove the infringement on a balance of probabilities,” the court stated in S.L. v. Commission scolaire des Chênes.

Nathalie Des Rosiers, general counsel of the Canadian Civil Liberties Association, which was an intervener in the case, says the ruling applied the test for freedom of religion in Canada in a slightly different way. “It does recognize the difference between indoctrination and instruction, and supports the view that you can educate children about different religions without violating the freedom of expression of them,” she says.

According to the ruling: “[S.L. and D.J.] claim that the ERC Program is not in fact neutral and that students following the ERC course would be exposed to a form of relativism which would interfere with their ability to pass their faith on to their children. They also maintain that exposing children to various religious facts is confusing for them. The evidence demonstrates, firstly, that the Ministère’s formal purpose does not appear to have been to transmit a philosophy based on relativism or to influence young people’s specific beliefs. Exposing children to a comprehensive presentation of various religions without forcing the children to join them does not constitute an indoctrination of students that would infringe the freedom of religion of L and J.

“Furthermore, the early exposure of children to realities that differ from those in their immediate family environment is a fact of life in society. The suggestion that exposing children to a variety of religious facts in itself infringes their religious freedom or that of their parents amounts to a rejection of the multicultural reality of Canadian society and ignores the Quebec government’s obligations with regard to public education.”

On behalf of the majority decision, Justice Marie Deschamps wrote: “The societal changes that Canada has undergone since the middle of the last century have brought with them a new social philosophy that favours the recognition of minority rights. The developments in the area of education that have taken place in Quebec and that are at issue in this appeal must be situated within this larger context. Given the religious diversity of present-day Quebec, the state can no longer promote a vision of society in public schools that is based on historically dominant religions.”

Des Rosiers says there was very little evidence about the way the ERC program is taught, but the ruling validates it anyway. “[Justice Louis] LeBel does indicate that on a better factual basis if the course was not taught in a neutral fashion or if it was taught in a way that discredited some religious beliefs, then certainly there would be a violation of freedom of religion.”

It will be interesting to see how the ERC program plays out, she adds. “[The ruling] does recognize that state neutrality must reflect itself in the public education system,” Des Rosiers tells Legal Feeds. “It does state that very clearly — the state cannot give precedence to one religion over another and cannot indoctrinate. So it will be a fine line in terms of how the course will be taught in terms of whether it truly presents a pluralistic view of all religion or whether indeed it fosters indoctrination.”

Canada

Stanley Cup rioter sentenced to 17 months in jail, The Times Colonist

Manitoba Appeal Court dismisses union bid attempt to scuttle inquiry into girl's death, CTV

Judge orders Bertuzzi's lawyers to release details on secret deal, Toronto Star

United States

Dougherty brothers plead guilty to assault and menacing charges, Reuters

Rhode Island school board complies with court order to remove prayer, Reuters

International

KBR Inc. fights against $200M Brazil award in NY court, Reuters

Ex-cricketer named as go-between in spot-fixing case, Reuters 

Don Drummond, Ontario economist and author of the report.

Economist Don Drummond has released his report on the state of Ontario’s finances this week, making several key recommendations to Ontario’s justice system in an effort to protect the cash-strapped province from a potential rise to $411 billion in predicted debt over the next several years.

The report’s recommendations include:

1.    Improving evidence-based data collection to achieve better outcomes in justice programs.

2.    Increasing the use of the Justice On Target program to assist with the reduction of custody remand, and implement evidence-based approaches to increase efficiency in the field of family law and family courts.

3.    Expanding diversion programs for low-risk, non-violent offenders with mental illness as an alternative to incarceration.

4.    Reviewing the core responsibilities of police to eliminate their use in non-core duties. This review would include an examination of alternative models of police service delivery. Criteria for the review would include determining the relative costs of the various security providers and an evaluation of their respective comparative advantages.

5.    Using alternative service delivery for non-core services within correctional facilities, where feasible.

6.    Continuing the process of clustering adjudicative tribunals across the Ontario Public Service.

7.    Examining integration opportunities and consolidate where possible public safety training in policing, fire services and correctional services, which are currently delivered individually through their respective colleges.

8.    Having the justice sector continue to work with Infrastructure Ontario to use alternative financing and procurement to assist in replenishing its capital infrastructure.

9.    Improving co-ordination between federal and provincial governments in areas such as justice policy and legislation, law enforcement and correctional services.

10.    Negotiating the transfer of responsibility for incarceration for sentences longer than six months to the federal government.

If the recommendations are not implemented, Ontarians could expect to see further deterioration of its courthouses and facilities. Courthouses will also be plagued by an increasing workload. Drummond estimates the federal omnibus crime bill will require an additional $22 million per year in additional costs.

“Moving forward, the justice sector faces fiscal challenges that will need to be addressed to bend down the cost curve for justice services,” the report says. “Key challenges facing the sector include compensation, increasing remand costs, infrastructure costs, the impact of federal legislation and greater expectations from the public for justice-related services.”

According to the report, Ontario is grappling not only with an increasingly strained court system but also overcrowded provincial jails, as well as an increase in family court matters.

“The public expects more from its justice system than it previously did...The justice sector will need to transform its service delivery and find efficiencies while ensuring public confidence.” Drummond said in the report. “Ontario’s finances do not yet constitute a crisis, and with early strong action a crisis can be averted.”

To view the complete report, visit the Ontario Ministry of Finance's web site.

Canada

More B.C. cases dismissed due to court delays, CBC News

Farmers file lawsuit to regain control of wheat board, Reuters

Man accused of building dungeon held after court appearance, Toronto Star

United States

Apple to sue Kodak over patents, Reuters

Citigroup agrees to pay $158M in mortgage fraud case, Reuters

International

Ecuador court upholds libel sentence against newspaper, Reuters

Chinese web users urge court to spare tycoon from death, Reuters

Geoff Cowper, a partner at Fasken Martineau DuMoulin LLP, will lead the review.

B.C. lawyers have given Christy Clark’s justice reform plan a skeptical response after the premier steered clear of an immediate cash infusion for the province’s justice system.

Last week, Clark appointed Geoff Cowper, a partner in Fasken Martineau DuMoulin LLP’s Vancouver office, to lead the review, with a mandate to study “systemic changes” aimed at achieving a more efficient, timely and fair justice system.

“Our reform initiative will identify long-term, fiscally responsible solutions that improve outcomes and accountability for the significant investments we’re already making,” Clark said in a statement announcing the review last week.

“They’re saying that they want to know why cases are taking longer when there’s less crime, and less cases coming through. Well, the fundamental answer is we have an improperly and inadequately funded justice system,” says Marc Kazimirski, the president of the Trial Lawyers’ Association of British Columbia.

He says B.C.’s legal aid system receives 30-per-cent less funding compared with other Canadian jurisdictions, helping increase the proportion of self-represented litigants using the courts. The TLABC is currently in the middle of a service-withdrawal campaign to highlight legal aid underfunding, with members refusing to perform duty counsel services for the first two weeks of February. The protest is scheduled to escalate next month with three weeks of withdrawals.

“If we provide proper legal aid funding and give proper access, these self-represented people can navigate the system much more quickly,” Kazimirski says.

And Sharon Matthews, president of the Canadian Bar Association’s B.C. branch, backs the TLABC approach.

“Immediate funding is needed to clear the court backlogs, which have been created by past underfunding. The best reforms in the world, implemented months from now, cannot fix today’s legal crisis and will not be effective until the backlogs are cleared,” she says. “Improved legal aid coverage will have an immediate positive effect on delays, especially coupled with the recent appointment of provincial court judges. Restored Crown counsel funding and court staffing levels are also critical.”

Links to B.C. Attorney General papers on the justice system review:

•         Internal Audit review 
•         Green Paper