Legal Feeds in June 2017

LSUC benchers push back decision on ABS

The Law Society of Upper Canada has reignited the debate over alternative business structures as it considers a new measure that looks to facilitate access to justice for vulnerable people.

Facing calls for more consultation, benchers withdrew a motion late Wednesday set to go to Convocation the following morning that would have allowed non-profits, charities and trade unions to offer legal services directly to clients.

Bencher Malcolm Mercer says the proposal would help connect people to the services they need rather than requiring them to seek out lawyers.

Legal news Roundup

Canada

B.C. court to hear sentencing arguments in B.C. polygamy case, Canadian Press

Newfoundland police believe missing young woman was likely murdered, Canadian Press

Key part of law to help child sex abuse survivors to expire, Canadian Press

United States

Despite hacking charges, U.S. tech industry fought to keep ties to Russia spy service, Reuters

Policy on fiancés reversed as Trump travel ban takes effect, Reuters

International

German lawmakers approve same-sex marriage in landmark vote, Reuters

Some 149 British buildings fail safety tests after west London fire, Reuters

Supreme Court sets ‘high bar’ for admissibility of hearsay evidence

The Supreme Court of Canada has ordered a new trial for a B.C. man convicted of two counts of first-degree murder in a case involving the admissibility of hearsay evidence and threshold reliability.

In Her Majesty the Queen v. Robert David Nicholas Bradshaw, the majority of the Supreme Court found that the trial judge had erred in admitting a video re-enactment statement into evidence, as “[t]he Crown failed to establish the threshold reliability of this statement on a balance of probabilities.”

“Hearsay is an out-of-court statement tendered for the truth of its contents,” Justice Andromache Karakatsanis wrote, with Chief Justice Beverley McLachlin and Justices Rosalie Abella, Richard Wagner and Russell Brown concurring.

Legal news Roundup

Canada

Body of construction magnate Antonino Catania found in river near Montreal, Canadian Press

Supreme Court dismisses two Site C lawsuits from B.C. First Nations, Canadian Press

Alberta triple murderer to face sentencing and family of his victims, Canadian Press

United States

U.S. lays out criteria for visa applicants from six Muslim nations, Reuters

Senate Republicans struggle to salvage health-care effort, Reuters

International

Europe's airports expect significant cost from new U.S. security measures, Reuters

Norwegian mass killer Anders Breivik appeals to European court of human rights, Reuters

First female judge advocate general appointed to Canadian Armed Forces

Commodore Geneviève Bernatchez has been appointed the 15th judge advocate general for the Canadian Armed Forces and officially took over the role in a “change of appointment” ceremony in Ottawa yesterday. She is the first woman to fulfil this role.

Canadian Minister of National Defence Harjit Sajjan appointed Bernatchez, who succeeds Major-General Blaise Cathcart. Cathcart will retire later this year.

“As the 15th judge advocate general, my vision of legal service delivery is one that will be very much driven and focused on my institutional clients’ needs,” says Bernatchez, whose role involves advising military decision-makers, such as the minister of National Defence, on legal actions touching on military law. “My role is to ensure that we provide [the Canadian Armed Forces] options in order to allow them to be able to conduct their operations and activity within the construct of international and Canadian law.”

Legal news Roundup

Canada

Supreme Court upholds worldwide order directing Google to block content, Globe and Mail

‘That stuff lives with you:’ Juror advocate sympathizes with Saretzky jury, Canadian Press

Man dies in hospital after being shot by Montreal police, Canadian Press

United States

Legal battle wages over death penalty in Florida's top court, Reuters

Senate Republicans delay vote on health-care bill as resistance grows, Reuters

International

Major cyberattack disrupts businesses around the world, Reuters

Philippines says beheaded civilians found in rebel-held town, Reuters

Canadian government announces judicial appointments in four provinces

Canadian Minister of Justice and Attorney General Jody Wilson-Raybould has announced another round of judicial appointments to Federal Courts and for Ontario, Quebec, British Columbia and Alberta.

The announcement was made on June 23 in Ottawa.

John B. Laskin, a partner at Torys LLP, has been appointed a judge of the Federal Court of Appeal, replacing Justice E.R. Dawson. In addition, William F. Pentney, Deputy Minister of Justice and Deputy Attorney General of Canada, has been appointed a judge of the Federal Court, replacing Justice M.L. Phelan.

LSUC considers revamping contingency fee rules

After making changes to the rules about advertising and referral fees, the Law Society of Upper Canada has turned its attention toward contingency fees.

The LSUC’s Advertising and Fee Arrangements Issues Working Group released an interim report Monday that identified potential recommendations — including a cap — to make contingency fees more fair and reasonable.

“The work we’ve done leads us to conclude that the contingency arrangement is not well understood by clients, is overly complicated, doesn’t align interests and may not have sufficient checks and balances to ensure reasonable fees,” says Bencher Malcolm Mercer, chairman of the working group.

Anti-SLAPP law to be tested at Ontario Court of Appeal

The Ontario Court of Appeal is being asked for the first time to interpret the province’s so-called anti-SLAPP law, which came into effect in the fall of 2015.

The court will hear arguments tomorrow in a case where a Toronto doctor is appealing a Superior Court decision that dismissed his libel action against a former head of the Ontario Trial Lawyers Association and ordered him to pay more than $310,000 in costs. Dr. Howard Platnick has also filed a Charter challenge against the Protection of Public Participation Act, in part on the grounds that it favours freedom of expression over damage to reputation.

“Protection of reputation should be declared a stand-alone constitutional right under section 7 of the Charter, subject to the same vicissitudes as freedom of expression, namely, the further removed from its core value, the less worthy of protection,” states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court of Appeal.

Legal news Roundup

Canada

Ontario to call public inquiry into Elizabeth Wettlaufer nursing home murders, Canadian Press

Woman defends sending friendly emails to RCMP inspector after alleged assault, Canadian Press

Jury hears B.C. man's online communication constitutes criminal harassment, Canadian Press

United StatesRepublican health-care bill imperiled with 22 million seen losing insurance, Reuters Supreme Court revives parts of Trump's travel ban, Reuters [strong]

International[/strong]

EU fines Google record US$2.7 billion in first antitrust case, Reuters[strong]

[/strong]Hostages in Philippine town forced to fight, loot, become sex slaves: army, Reuters