Canada

Farmer who spent a year in Beirut jail sues Canadian government for failing to protect his Charter rights, The Globe and Mail

Lawsuit against B.C. government alleges Liberals received 'major' political donations from pharmaceutical companies, halted drug-safety research, Vancouver Sun

Correction worker loses appeal to get job back after being fired for inciting jail riot, Winnipeg Sun


United States

Rail antitrust case rare in that there are major businesses on both sides, Reuters

Judge hears closing arguments in credit card antitrust case, Reuters


International

BNP Paribas and Deutsche Bank make unusual suggestion that the bank suing them should 'sue itself' to recover losses, Reuters

Lawyer files to withdraw counsel over client's inability to pay in Ecuador rainforest pollution case, Reuter

Some Guy v. The World, Ontario Superior Court

While our plan is to focus on odd decisions with the Weird Case of the Week, this motion could not go by unremarked.

Thanks to Chris Jaglowitz (@chrisjaglowitz), a Toronto condo lawyer with Gardiner MIller Arnold, for his tweet alerting us to this case on the docket for Justice Peter Cumming at the courthouse at 330 University Ave. in Toronto for tomorrow. His tweet describes it thusly: "Here's the door sheet for some guy's lawsuit vs the whole world. Waste of judges' time and precious court resources."

The University of Ottawa named Canadian Civil Liberties Association general counsel Nathalie Des Rosiers as the new dean of its common law program.

Nathalie Des Rosiers will join the University of Ottawa’s common law faculty as dean on July 1.

Caroline Milliard, manager of media relations at the university, confirmed Des Rosier’s appointment this morning. The five-year appointment is effective July 1, says Milliard.

“I’m very pleased and honoured by the appointment,” Des Rosiers tells Legal Feeds. “It’s a great faculty,” she adds, noting she aims to “makes sure it continues to shine as it has.”

Des Rosiers will fill the vacancy created by the upcoming departure of common law faculty dean Bruce Feldthusen.

The incoming dean, of course, is no stranger the University of Ottawa. Currently a professor in the civil law section, she was dean of the civil law program from  2004 to 2008.

After leaving that position, she moved to the CCLA to replace the departing Alan Borovoy, who retired from the organization after 40 years of leading some of Canada’s most important social battles. Since then, she has found herself taking high-profile roles in many of the current social battles, including the widespread concerns over police actions during the G20 summit in Toronto in 2010. Throughout the controversy, the CCLA pushed strongly for a single public inquiry into police actions during the summit.

The CCLA also made a significant mark last year with a report calling for changes in how police keep records of their interactions with people that don’t result in an arrest. Among other things, the report called for the destruction of non-conviction records given the concerns about the effect on the presumption of innocence.

Des Rosiers says there’s no replacement yet for her CCLA role yet but says she expects the organization to launch a competition for the position soon.

“It’s a great job,” she says, noting “it was a very difficult decision” to leave a “very useful, very needed” organization.

Besides the University of Ottawa and CCLA postings, Des Rosiers was president of the Law Commission of Canada from 2000 to 2004 and taught at the University of Western Ontario prior to that. During her career, she has received a number of honours, including the medal of the Law Society of Upper Canada in 1999. For the past two years, Canadian Lawyer has named her one of Canada’s 25 most influential lawyers. l

Feldthusen leaves the dean’s post after more than a decade in the role.

Canada

Canadian courts 'choking' on handling of evidence in trials, The National Post

Justice Canada survey finds majority of sexual assault victims have no confidence in judicial system, Chronicle Herald

Transgender bride prompts Saskatchewan human rights group to demand change to province's human rights legislation, Toronto Star


United States

Appeals court struggles with railroad antitrust case involving thousands of freight-shipping customers, Reuters

Boss violated labour law in firing manager who refused drug test without first speaking to union rep, Reuters


International

Berlusconi trials to stay in Milan despite arguments he will not face fair trial: judge, Reuters

Trial of neo-Nazi forces Germany to acknowledge 'blind spot', Reuters
 

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.

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
 

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.

Guy Giorno says these charges are a 'wake-up call.'

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.

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 

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.

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.