The Lawyers Weekly - July 13, 2012

Billions of dollars invested, not a penny lost.

Thorny issue before
Alberta court

PAGE 5

PR BLUES
Not every problem calls
for a legal solution
CORRUPTION

CRISTIN SCHMITZ OTTAWA

In what is sure to be gripping
testimony in a unique legal and
personal drama, Justice Lori
Douglas will soon take the stand
to defend herself against the
sexual harassment allegations
her lawyer contends are “a com-
plete fabrication.”
What has been largely over-
looked so far in the coverage of
the sensational case is that the
Canadian Judicial Council
inquiry that is disclosing pri-
vate details of the judge’s sex
life is also ripping through the
curtain of secrecy that sur-
rounds the appointment of fed-
eral judges under a process
established in 1988.

When the inquiry resumes in Winnipeg on July 16, lawyers and the public can expect, for the first time, to see behind the scenes of the politically charged federal appointment scheme, and to hear key players describing their involvement in Douglas’s appointment to the Manitoba Court of Queen’s Bench (Family Division) in 2005 (she is now associate chief justice ).

According to the opening remarks of lawyers at the inquiry last month, the questions of “who knew what, when” about the graphic sexual photos of Justice Douglas that wound up on the Internet in 2002 (and related incidents) will feature prominently when more than a dozen witnesses are called by independ-

See Inquiry Page 23

THE LAWYERS WEEKLY

December 6, 2002

PAGE 10

Penalty Vol. 22, No. 27 NEWS FOR THE LEGAL PROFESSION

phase next for Groia

SHANNON KARI

THE LAWYERS WEEKLY

The Law Society of Upper Canada’s finding that securities lawyer Joseph Groia engaged in professional misconduct through a lack of civility will have “serious implications” for the profession, his counsel is warning.

Earl Cherniak expressed disappointment at the regulator’s conclusion that Groia breached the Rules of Professional Conduct while successfully defending former Bre-X Minerals Ltd. executive John Felderhof at his long-run-ning insider trading trial.

Precautions a necessary
part of doing business

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

PAUL LAWRENCE FOR THE LAWYERS WEEKLY

Joseph Di Luca at his downtown Toronto law office with Breese Davies, co-counsel on behalf of Christopher Evans.

BRANDING

“The trial judge never criticized him,” Cherniak said. “The evidence doesn’t support findings of misconduct at all.” He added that obiter comments by a judge can now be used against a lawyer.

Faulty NCR finding quashed

‘Miscarriage of justice’
concludes the Ontario

A disciplinary panel headed by Thomas Conway, a former bencher and now the treasurer of the Law Society, disagreed. The use of sarcasm by Groia, as well as accusing the prosecution of trying to “win at all costs,” was improper, said the panel.

Court of Appeal

The original finding made against Christopher Evans, in 2005, was set aside and replaced with a conviction for robbery and a one-day sentence, in light of the time the 28-year-old man had already spent in custody.

who spent nearly two years in custody on a breach of recognizance charge, after a judge found her not criminally responsible (NCR)—a ruling later overturned by the Superior Court.

THE LAWYERS WEEKLY

LINDA NGUYEN

“Although he is not a lawyer
who believes in the adage ‘be seen,
be brief and be gone,’ we have con-
cluded that he was more than
competent to carry out Mr. Felder-
A man held in a mental insti-
tution for seven years after being
found not criminally responsible
for attempting a robbery at a
bank machine suffered a “miscar-
riage of justice” when he was
initially misdiagnosed with
schizophrenia, the Ontario Court
of Appeal has ruled.

“The time in custody by the appellant is outside the range of any sentence he would have received had he pled guilty to the robbery charge,” said Justice Sarah Pepall in R v. Evans [2012] O.J. No. 2688, released on June 18.

The cases highlight the need for greater caution in the criminal justice system when dealing with defendants with mental health issues, legal experts say.

STB_LW_basebar_03_12v2_STG 3/15/12 4: 24 PM Page 1

That decision was issued a few
days before the Crown stayed
charges against a Toronto woman
Joseph Di Luca, co-counsel
for Evans in his appeal, said in
many cases those entering the
criminal justice system view an
NCR finding as an “easy way out”
of a long sentence.

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

See Civility Page 4 See NCR Page 2

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