The federal government has appointed six lawyers as judges at courts across the country.

Late Friday, Justice Minister Rob Nicholson announced the appointment of Gordon Weatherill of Vancouver’s Lawson Lundell LLP to the Supreme Court of British Columbia. He replaces Justice G.D. Burnyet, who became a supernumerary judge last year. Weatherill had been with Lawson Lundell since 1980 and mainly practised in the area of commercial litigation.

Jocelyne Gagné is one of two partners from Lavery de Billy who has been named a judge.

Moving east, Robert Goldstein, a lawyer with the Public Prosecution Service of Canada, becomes a Superior Court judge in Toronto. He replaces Justice Duncan Grace, who in turn moves to London, Ont., to take the place of Justice Wolfram Tausendfreund. The domino effect continues with Tausendfreund moving to Kingston, Ont., to replace Justice Douglas Belch, who became a supernumerary judge in March. Goldstein had been with the federal government since 1990.

Also in Ontario, Ian Leach, a partner with Lerners LLP in London, joins the Superior Court bench in Woodstock, Ont. He replaces Justice Thomas Heeney, who becomes regional senior justice for the southwest region following the departure of Justice Edward Ducharme to the Ontario Court of Appeal on April 5. Leach had been with Lerners since 1991.

In Quebec, Lavery de Billy loses partners Michel Yergeau to the Superior Court in Montreal. He replaces Justice J.R. Fournier, who joined the Quebec Court of Appeal last fall. Yergeau, who devoted his whole practice to environmental law, had been with the firm since 1987.

The same firm, in fact, saw another parnter also appointed to the bench, this time at the Federal Court. Jocelyne Gagné replaces Justice Johanne Gauthier following her move to the Federal Court of Appeal last fall. Gagné’s main areas of practice were civil and commercial litigation.

In Newfoundland, Rosalie McGrath of the firm Ottenheimer Baker in St. John’s joins the trial division of the Supreme Court of Newfoundland and Labrador. She replaces Justice J.D. Cook, who became a supernumerary judge on May 21. McGrath had been a lawyer since 1994 and practised mainly in the areas of corporate and commercial, real estate, energy, and estates law. She was also a member of the firm’s management committee.

Canada

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Eaton Centre shooting suspect to make court appearance, CTV News

N.S. police execute search warrants in hockey bag body murder, CTV News

United States

Judge revokes bail for accused Fla. shooter, Reuters

Supreme Court rejects Blackwater appeal in Iraq shooting, Reuters

International

13 jailed in Kazakhstan over oil town riots, Reuters

Russian court orders new hearing in $13B BP lawsuit, Reuters

The Supreme Court of Canada will hear the following appeals this week, including the much-anticipated Indalex pension case:

(Photo: Reuters)

June 5 — Ontario — Sun Indalex Finance v. United Steelworkers

Procedural law: This case relates to a dispute over pension plans after Indalex obtained protection under the Companies’ Creditors Arrangement Act. At the time, one of Indalex’s pension plans was underfunded and the other was being wound up. The court approved the sale of its assets. Representatives for some current and former members of the pension plans challenged the distribution of the sale proceeds. Indalex then sought bankruptcy. The Court of Appeal held that the bargaining agent for unionized pension plan members doesn’t have the right to obtain payment of costs from a pension trust on behalf of its members. That decision is being challenged.

June 6 — Quebec — Boudreault v. R.

Criminal law: Donald Boudreault had consumed a large quantity of alcohol and decided not to drive. He was arrested and charged with impaired driving after he fell asleep in his vehicle with the motor running while waiting for a designated driver service. The trial judge ruled there was no risk of him driving the vehicle and acquitted him. On the contrary, the Court of Appeal found Boudreault guilty, claiming intent to drive isn’t an essential element of the charges.

The SCC will also hear a series of relatively rare oral applications for leave to appeal:

June 4 — Federal Court — Daishowa-Marubeni International Ltd. v. R.

Taxation: The dispute in this case revolves around pulp mills in Alberta and British Columbia and the tax treatment of reforestation obligations assumed by purchasers of sawmill operations.

June 4 — British Columbia — Vu v. R.

Charter of Rights and Freedoms: The police obtained a search warrant to enter a house with a suspected theft of hydro and they found marijuana growing in the basement. After examining two laptop computers and a cellphone, the accused was charged with marijuana-related offences. The judge dismissed some of the evidence as it resulted from an unreasonable search and seizure, which violated his Charter rights. The accused was acquitted. The Court of Appeal allowed the appeal, set aside the acquittal, and ordered a new trial.

June 7 — Ontario —  Youvarajah v. R.

Criminal law: Yousanthan Youvarajah and another young person identified as D.S. were charged with first-degree murder. They were tried separately. In his trial, D.S. pleaded guilty to second-degree murder and signed an agreed statement of facts, which alleged that Youvarajah arranged the shooting. In Youvarajah’s trial, D.S. recanted parts of the agreed statement of facts and the Crown sought to have it admitted as evidence. The application was dismissed and Youvarajah was acquitted. The Court of Appeal allowed the appeal and then ordered a new trial.