books and articles by CJRB writers

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HIGHLIGHTS

Vancouver securities lawyer in good standing here despite five-year ban in U.S. Unlike the SEC suspension, the BCSC order does not prevent him from practising law in B.C. The commission traditionally leaves the business of practice restrictions to the appropriate authority, in this case the Law Society of B.C. The law society investigators concluded it did not meet the test for a citation, but there was evidence to suggest Briner was practising in areas that were outside the scope of his experience and knowledge. This potentially put the public at risk.

Employers needn’t fear legal repercussions when using right to demand accountability. Threatening to sue one’s employer is the ultimate career killer writes Howard Levitt (Senior partner of Levitt LLP, employment and labour lawyers. He practises employment law in eight provinces).

Who runs the country? When the Charter was debated in 1981/1982, most of the provincial premiers were initially reluctant to adopt the Charter, fearing, quite correctly, as it turns out, that it could lead to the all-powerful Supreme Court making legislative decisions.

Article 8 of the Conservative party policy states: "The Conservative Party believes that nominees to the Supreme Court of Canada should be ratified by a free vote in Parliament, after receiving the approval of the justice committee of the House of Commons." The Constitution Act, 1982, gave judges the power to interpret and even strike down legislation. In essence, the Constitution gives the court the power to make public policy, thereby turning judges into unelected politicians. Therefore, those who value democracy should insist that our elected officials exercise some degree of influence in the selection of judges.

Longest trial in Canadian history-"Many shareholder lawsuits against auditors don't get very far because of
previous court decisions that auditors can't be held professionally responsible for misrepresentations by clients", said Toronto-based forensic accountant Al Rosen. A Quebec Superior Court judge has ruled that the auditors for a real-estate-investment company at the centre of a $1.6-billion financial collapse were negligent

Losing money in a financial scam is a blow in itself. Feeling that nobody cares just makes it worse. Told they weren't eligible for payments from the indemnity fund of Quebec securities regulator L'Autorité des marchés financiers. They responded the same way: by initiating a class-action suit.

Rage: It seems society is seething with anger and conflicts. In Canada, people have been steamed for a long time. And the anger is not limited to the Tea Party zealots across the border. There’s a festering inchoate anger right here at home. In fact, it seems almost everybody’s angry, writes David Sherman LLB from the University of Toronto, and an LLM (Master of Laws) in Taxation Law from Osgoode Hall Law School of York University.

Why judges' politics matter: In some cases, the law, properly approached, is clear and all competent judges will come to the same conclusion. However, in many cases there is room for discretion and a judge's background and worldview will make a significant difference in the result.

Anti-terrorism, diversity to dominate law in 2010's. Chief Justice Beverley McLachlin expects the most pressing legal issues facing the court in the coming years will be where to draw the line on anti-terrorism initiatives and how to deal with the nation’s growing diversity as minorities challenge “established social order.”

How the Supreme Court turned a reasonably effective criminal justice system into a happy-hunting ground for defendants and their charter-sharp lawyers.

"Civil Remedies Act" A unanimous decision of the Supreme Court of Canda preserves provincial laws requiring the forfeiture of ill-gotten goods.

"Our civil courts are, and have been for too many years, in crisis...action is what we, the public, deserve and ought to demand". The cost of a three-day civil trial was determined to be $60,738... more than a year's income for most households.

"Chummy" with the judge trumps law, and Balkanizes Ontario, says government report. How the re-organization of the Ontario courts in 1990 gave rise to rampant "judge shopping", destroyed public confidence, and produced an 18-year downward spiral. "Judge shopping" is not illegal but the practice used to be frowned upon.

New Report: Paralysis through analysis "No one has suggested that doing nothing was a viable option," wrote former associate chief justice Coulter Osborne, who described his objective as finding ways to improve the civil justice system "without blowing it up and starting all over again." But will a new set of rules complete with lingo that no one but lawyers understand help the situation? Does it really matter if you know the law if the important thing is knowing the judge?

Canada's justice system is on a "suicidal" path that cannot be reversed ...cost of legal services is an "alarming trend" that is putting the justice system out of reach for everyone but the well off , says Justice John Gomery, the straight-shooting judge who led the 2004-2005 inquiry into the federal sponsorship scandal.

Re-arranging the deck chairs on the Titanic: In response to a growing trend or peoples' rebellion, the Supreme Court of Canada has published a roadmap to help unrepresented litigants decipher legal bafflegab and navigate their way through the epicentre of justice. But Dr. Chaoulli, who, as an unrepresented litigant, successfully convinced the Supreme Court in 2005 to strike down Quebec's ban on private medical insurance, says the justice system must do a lot more. The information the Supreme Court now offers is nothing new, and has long been available from a variety of sources.

Decade old troubles that plague the court, 'same old, same old,' Report finds:

**Two previous inquiries into the court's worsening problem -- in 1993 and 1999 -- were roundly ignored by many judges and lawyers. The status quo is an ideal environment for the legal industry of lawyers and judges to generate personal wealth. Arguably this is one reason they do not readily embrace change but, in the public interest, this blasé attitude cannot continue.

**judges lack the spine to bring time-wasting lawyers to heel.

**defence lawyers launch "fishing expeditions" disguised as pretrial legal motions and pretrial conferences.

**judges treat pretrial conferences as inconvenient.

** lawyers show up unprepared. "On occasion, it appears that some counsel have left their cars running and simply dropped in to fulfill their statutory obligation".

**Crown attorneys won't disclose information and play tactical games that lengthen trials.

**Legal Aid Ontario penalizes defence lawyers who engage in full pretrial conferences but rewards them with fee structures that encourage lawyers to string out their cases: "Put another way, if the judge will listen, legal aid will pay."

**Many trial judges feel they lack sanctions to use against misbehaving lawyers. As a consequence they do nothing, out of fear that appellate courts will not tolerate their cracking down.

**Without leadership, we have serious reservations that there will be any improvements.

A retrospective on where the collapse of the Canadian justice system began: the Law Society's attitude is that if the law schools maintain no academic standards, why should they?

The Canadian legal academy as a whole has become complicit in denying Canadians the truth about the appointment processes: Frederick C. DeCoste, professor, Faculty of Law, University of Alberta, Edmonton

ONLINE ARTICLES

Freedom of Speech

It's widely understood that the service offered to hecklers in a comedy club is to be insulted. So much so that had stand-up comic Guy Earle not insulted Lorna Pardy when she disrupted his act – had he, while noticing that she appeared to be lesbian, said, “My good lady, you're correct: I suck, and will now leave the stage in shame” – he might arguably have been denying her a service based upon her sexual orientation.

The Supreme Court has let us down. In my last Top Court Tales, published in January, I picked R. v. Sinclair as the worst Supreme Court of Canada decision of 2010. Sinclair was pretty bad, on the wrong side of good sense and civil liberty, but as it turns out I jumped the gun. Sinclair looks good next to the egregious Reference re Assisted Human Reproduction Act, released three days before Christmas. Perhaps the Supreme Court hoped that, overwhelmed by festive cheer, we’d miss this decision.

Supreme Court of Canada dismisses class-action. The majority also noted that although the on-air rant was “undoubtedly serious and infuriating,” Arthur’s reputation as a “shock jock” was a factor that would allow the public to recognize he was exaggerating.

A kangaroo court is exposed: If you want to see all the things wrong with human rights commissions, they are on display in Mr. Justice Earl Wilson’s recent ruling in the case of Boissoin v Lund.

Privacy Czar wants power to rule: new "human rights commission" and kanagroo courts with powers to punish may be the result; stripping Canadians of their right to fair hearings in real courts of law.

Majority decision of Alberta Court of Appeal finds Privacy Commission's so-called "findings" unlawful. While it determined the driver’s licence was personal information, it ruled the licence plate information was not. The majority reasoned the licence plate information was linked to a specific vehicle, not a particular person. Moreover, it noted the licence plate information was not private given that it is openly available for all to see.

Court slaps Alberta Human Rights Commission for acting unlawfully: ;"In the reasons that follow I conclude that the legislation is intra vires the Province and does not violate the Charter. I also find that the contents of the letter to the editor do not violates. 3(1)(b) of the Act. I further conclude that the remedies imposed by the Panel were either unlawful or unconstitutional. Finally, I will provide my observations regarding various troubling aspects of the process leading to the decision of the Panel, including my finding that the Panel was wrong in holding that the Concerned Christian Coalition Inc., was properly before it; alternatively, wrong in holding that that organization had violated the Act."

Alberta's Human Rights Commission violated Section 2 of the Charter of Rights and Freedoms. Boissoin’s prosecution was conducted under so-called “human rights” legislation enacted by the province of Alberta. Canada’s Criminal Code also contains provisions outlawing “hate speech” but Boissoin was never charged criminally. No wonder — it’s much tougher to convict someone of a genuine criminal offence than a so-called human rights breach

Volunteer jobs: Catholic Civil Rights League questions whether the Ontario Human Rights tribunal has jurisdiction to hear a complaint concerning a volunteer job as an altar server.

No hope: There can be no doubt Canada's human rights bodies -- federal and provincial -- are in need of investigation. They are out of control, far more interested in imposing political correctness than defending free speech. They have become laws unto themselves, too, routinely suspending rules of evidence that have taken centuries to perfect, says National Post.

Human Rights Commission: The impression that emerges is an overstaffed shop in which unionized desk jockeys sit around "investigating" obscure web sites in search of some scrap of actionable hatred. When they don't find anything, they log on and try stirring things up themselves. In fact, for an organization that is supposed to promote "human rights," the HRC's agents seem curiously oblivious to basic aspects of constitutional law. In fact, do they have any real legal training. For years, Canadians have averted their eyes to the shenanigans going on at our nation's human-rights commissions under the theory that any means used toward such a noble end as "human rights" must somehow be justified. What we saw this week turns that conceit into a pathetic joke.

Nuisance complaints: Neither Maclean's nor the Western Standard published materials that incited violence or other injustices against Muslims. They did not violate anyone's human rights. Recognizing this, the Human Rights Commissions should have immediately identified the cases brought to them as nuisance complaints and dismissed them. That they have not done so suggests a change in their mandates is much needed.-GLOBE AND MAIL Editorial 2008.02.04

Bill M-446 — January 30, 2008 — Mr. Martin (Esquimalt—Juan de Fuca) — That, in the opinion of the House, subsection 13(1) of the Canadian Human Rights Act should be deleted from the Act.

Kangaroo courts: Re-establishing the rule of law in Canada is a huge task- whimsical ideas about what constitutes a thought crime can and do vary from day to day. It may well be that the protected groups become the hunted groups, in the next round, and I, an unambiguous supporter of free press and thought, will find myself defending gay activists, fanatical Islamists, radical feminists, and anti-white racists, when they take their turns before the kangaroo courts. "La révolution dévore ses enfants," observed Georges Danton, the great French revolutionary, when he himself fell victim to the Revolutionary Terror. "The revolution eats its own children."

Alberta's gauntlet of bias Ironically, human rights commissions are the best examples of just how many rights we have lost. They follow none of the rules of evidence built up over centuries to assure the accused of a fair hearing. Many commissions will hear plaintiff 's testimony in secret, violating the protection of being able to confront one's accusers. Most admit hearsay and limit the right of the accused to counsel or to call his own witnesses and experts.

Conduct unbecoming a free society The British Columbia College of Teachers won a court decision against me in 2006 for "conduct unbecoming a member." The reason: between 1997 and 2000, I wrote several letters to newspapers, outlining research data related to homosexual behaviour, and what position major world religions take on the matter.

Internet diatribe is libel: Mr. Warman sued Mr. Fromm for postings that characterized him, among other things, as an enemy of free speech, a member of the thought police and a "high priest of censorship." Ontario Superior Court Justice Monique Métivier ordered general damages and aggravated damages for the postings.

Reporters accused of libel win new legal defence. The Nov 2007 ruling represents a significant shift away from the traditional common law, under which journalists being sued for libel had to prove the truth of the facts they reported. BUT..."A litigant, to use the vernacular, is only entitled to one bite at the cherry," Judge Sharpe wrote.

Bill C-2 (the Federal Accountability Act) Ms. Gualtieri went before a Commons committee and described her reluctant journey from public servant to whistleblower. At one point department of Justice senior counsel asked Ontario's Court of Appeal to order Ms. Gualtieri to pay her own costs and the government's -- even if she won. Losers typically pay winners' costs. Justice John Laskin appeared "bemused, if not stunned" and responded that even if he had entertained the motion, he lacked jurisdiction to make such an order. Ms. Gualtieri's suit details examples of "millions of dollars" in under-used or vacant land and buildings in Asia, the Caribbean, Europe and South America

Internet: It used to be that only established media and publishing organizations had to worry about libel, but now anyone with web access and a quick temper can find themselves facing a lawsuit.

On CBC radio, Ezra Levant, the Calgary lawyer who has become a newsmagazine publisher took on Scott Anderson, editor in chief of the Ottawa Citizen newspaper and editorial vice president of Can-West Communications, the biggest television-newspaper conglomerate in the country. Levant performed on Anderson one of the most painful public eviscerations: February 18 2006

Internet: It used to be that only established media and publishing organizations had to worry about libel, but now anyone with web access and a quick temper can find themselves facing a lawsuit.

SLAPP: Strategic Lawsuits Against Public Participation: Township's lawsuit casts chill over free speech. Resident's complaint a 'wilful vilification' of fire service, lawsuit argues-by Janice Tibbetts, with files from Cristin Schmitz, December 07, 2005

SLAPP: UPDATE- Citizens free to criticize government, court rules. Judge Kenneth Pedlar has thrown out a unique lawsuit in which an Ottawa-area township attempted to sue one of its citizens for defamation for complaining about the shoddy performance of the volunteer fire department. by Janice Tibbetts, Thursday, February 02, 2006

All Canadians have right to silence against the state, Supreme Court judges rule, reports Cristin Schmitz, , October 01, 2005

Free Speech Falls Prey to 'Human Rights'- by Ian Hunter, law professor emeritus-National Post, August 18, 200

The Court puts a chill on Freedom of the Press- by Stephen Hume , Vancouver Sun Sept 11 2004

Courts limit freedoms under our Charter, by Lorne Gunter June 20, 2004

Murder Case Ban Stifles Free Press- critics say "Ultimately, the law belongs to the public, and the courts belong to the public," says Ottawa University law professor David Paciocco August 11, 2004

The troubling logic behind punishing hate crimes more than others

Equality before the law

Equal Justice for All

Access to Information v. Privacy

Privacy Czar wants power to rule: new "human rights commission" and kanagroo courts with powers to punish may be the result; stripping Canadians of their right to fair hearings in real courts of law.

The majority of the Alberta court came to a different conclusion and threw out the Privacy Commission claim. While it determined the driver’s licence was personal information, it ruled the licence plate information was not. The majority reasoned the licence plate information was linked to a specific vehicle, not a particular person. Moreover, it noted the licence plate information was not private given that it is openly available for all to see.

Whistle-blower hotline-auditors, forensic accountants, law enforcement officials and others who ferret out fraud in the private and public sectors said many frauds are discovered through anonymous tip lines.

Social sorting, and the surveillance that fuels it, raises fundamental questions about what it means to be a citizen. “It’s not that they know all about you, it’s that they know all about everyone else in the same category as you. Your life chances, your opportunities, your trustworthiness to organizations have already been assessed.”

‘Right’ of access to information: The Supreme Court of Canada, in a massive legal challenge that is drawing more than a dozen interveners, will consider today whether access to-information laws, which permit the public to see documents that the state seeks to keep secret, are so restrictive that they violate freedom of expression.

ST. JOHN'S - Socks, undies and a toothbrush aren't the only things considered private when checking luggage at the airport. So are illegal drugs and wads of cash, according to a ruling by the Supreme Court of Newfoundland.

Wiretap law: Canada's biggest police association says a Supreme Court ruling on who should pay the cost of digital surveillance should clear the way for the federal government to reintroduce legislation that would help authorities monitor Internet and wireless communications.

Bill C-7 : A "curtain of secrecy" is poised to descend over safety problems within Canadian airlines, say critics alarmed by legislation currently before the House of Commons. Safety reports will be"mandatory exclusions" under the Access to Information Act, putting them beyond the reach of access requests. That means they can never be released, making them even more secret than cabinet confidences, which receive absolute protection for 20 years. Nor can they be reviewed by the information commissioner.

Breach of privacy complaint goes nowhere: Industry whistleblower James MacDonald says he was betrayed. "Canadians would be better off if we just disband everything and subcontract the work to Eliot Spitzer and the U.S. Securities and Exchange Commission."

Excessive Privacy Rules threaten public:"We have the right to know who is ... in our community," says New Brunswick mayor Melvin Goodland but privacy law prevents release of escaped convict's picture.

Opposition wants statistics on bail violations, wait times for criminal and civil trials, plea bargain results and other judicial decisions collected. "If we really feel that judges were so weak that they can't make their decisions regardless of what statistics are published, then we should also look at banning editorials on the justice system because that might influence or cause a judge to tremble in his or her boots before passing sentence or approving a plea-bargain deal."

Need for a whistleblower law a sign the system is broken, says
Auditor General of Canada

FAA-Amid signs of a possible showdown between the elected House of Commons and the appointed Senate, Treasury Board President John Baird yesterday slammed Liberal senators for "gutting" the federal accountability bill with amendments.

FAA-When the Conservative government tabled the Federal Accountability Act , it made me nervous. The only real way to bring accountability to government and reduce the constant and continual abuse of the Canadian taxpayer is to cut taxes on income and investment and reduce the tax base that fuels Ottawa

The biggest weakness of C-11 is that it doesn't sufficiently protect whistleblowers and gives the government the leeway to cover up a scandal by forbidding the release of any information about a whistleblower's disclosure for five years. Lincoln's Law, the Informer's Act or the Qui Tam Statute warrant study. There is a growing sector of entrepreneurial waste-busters who see it in their self-interest to scrutinize all aspects of government spending to root out fraud and waste.

What real protection do whistleblowers have? The product of last-minute compromise and lingering misgivings, the Act's flaws are apparent even in its clumsy bureaucratic moniker :Globe & Mail Editorial January 9, 2006

Court order bans Sun's editor from information, says Neil Hall- Jan 21, 2005

Federal Court Dispute has serious implications for Access to Information says Glen McGregor Ottawa Citizen "Don't cut info commissioner's power": lawyer-.September 17, 2003

Ethics Officer: I'm Powerless by Kathryn May Ottawa Citizen September 16, 2003

Don't call it 'whisleblower' legislation April 27 2004

Whistleblower bill won't protect- March 22, 2004

Judge heading inquiry will resign... Sun Feb 19 2004

Supreme Court contrived refugee scandal: Rory Leishman, London Free Press, Tues August 3, 2004

The Economy:

Supreme Court nixes plan: Canada's top securities regulator, Bill Rice, chair of the Canadian Securities Administrators and the Alberta Securities Commission, admits that he was somewhat surprised by Thursday's Supreme Court decision December 22, 2011.

Top court set to weigh in on smoking’s cost: Legal claims may be worth billions. Canada’s top court will hear critical cases this winter on whether the federal government should be on the hook for the vast cost of treating tobacco-related disease.

The High Court in London ruled in favour of Britain's Pensions Regulator today, saying its claims have priority ahead of most creditors

Come 2011, swindlers will have an even easier time conning Canadian investors, Rosen says. Boomers and retirees are especially vulnerable because they “can be their own worst enemies” and “swindlers love them.”

Don’t let HST bite into your home reno budget: the new system may result in a tax burden for consumers that they should not bear, and a tax benefit for installers, that they should not have.

Failure of Securities Regulators puts everyone at risk “Sending lawyers to oversee capital markets professionals is like sending chickens to chase foxes,” Currently investigating America’s giant healthcare and pharmaceuticals industry, whistle-blower says “Those guys make Madoff look small time,”

Too many aged parents with overextended boomer children are being forced into surrendering their money, experts say. One lawyer's client described himself as a "waiter" ...- waiting for his parents to die.

So, you moved heavily into stocks and mutual funds before the market crashed in 2008. Now your savings have been shred and you're looking for someone to blame. What about that financial adviser, who pushed you into a higher equity exposure because the higher-risk products paid more in commissions? Can you sue your adviser for negligence?

Courts mulling: There was a time when constitutional references to the country's high courts had an air of sanctity about them. Not so the fight brewing over a national securities regulator

The 'lost decade' that was too good to be true: Boy, did that decade stink for investors. Things are bound to get better, right? Not so fast. What has really changed?

Canadian William White, former chief economist at the Switzerland-based Bank for International Settlements, said he is still worried about speculative bubbles in light of what he sees as overvalued U.S. equities and rapid credit expansion. "...it’s only when the tide goes out that you see who’s swimming without a bathing suit,”

BILLS left to die: These are some of the tough-on-crime bills which had not yet been passed into law before prorogation of Parliament."If the stories about the victims of white-collar criminals were known,maybe people would wake up, but for those who live through this, there's nothing funny about it."

“Unbundling” legal fees: -Chief Justice Beverley McLachlin raised the prospect at a time when a growing number of Canadians are representing themselves in court, adding her voice to a debate simmering in the legal community about whether lawyers should change the way they charge to avoid putting themselves out of business.

Recent judgments: Whether it's a backlash against overly aggressive plaintiffs and their counsel -- who seemed to throw allegations of calumny into every claim--or a recognition employers must be permitted flexibility in difficult times, the employment-law pendulum has crashed back to earth. Court judgments now permit employers new latitudes in dealing with employees. Here is some new advice for employers and human resource advisors at the dawn of 2009:

There will be no EI Christmas bonus for Canadians after the Supreme Court of Canada refused yesterday to order the government to return a $57-billion surplus in the employment insurance fund to contributors.However, the court said in the same decision that the former Liberal government illegally collected premiums for three years because it let the federal cabinet set the annual rate, rather than Parliament.

“We’re a special group in a sense,” said Justice Pierre Dalphond. Canada’s federally appointed judges are not backing down from a quest for a pay raise of 17 per cent over the next four years despite current economy.

'"There will be blood on the streets," Ontario Superior Court Justice Arthur Gans declared, addressing some 200 lawyers this month at the annual Ontario Law Society Workplace Law Conference. No one disagreed.

A bad time: Did accounting cause the current financial mess? The short answer is no. The long answer is that it's a symptom of a larger push toward deregulation that did cause the current crisis, and therefore, it still needs addressing over the longer term in both the United States and Canada.

Supreme Court rules against miner in mandatory retirement case:While mandatory retirement is now outlawed in every province but Nova Scotia, several allow exceptions when a company pension plan is designed around retirement at age 65.

Life after lawyers : Lawyers have to come to grips with the prospect that they are a "luxury good" that may no longer be needed in the country's courtrooms as more litigants represent themselves, warns a leading Canadian legal publication The National, the magazine of the Canadian Bar Association.

Step backwards: Canada has embarked on a complex and premature path to overhaul its accounting guidelines and the way in which every public company reports earnings and cash flows to investors. The proposed changes are so significant that almost every document that references accounting measures in Canada will have to be rethought.

The science behind principles of justice: The moral sense of fairness is hardwired into our brains-modern peoples living in market economies show a strong aversion to unfairness. The evolution of this phenomenon can be seen in the behavior of our primate cousins. All primates (including us) evolved a sense of justice, a moral emotion that signals to the individual that an exchange was fair or unfair, otherwise market capitalism would have imploded long ago.

On the hook for court costs, The Consumers' Association of Canada faces ruin.

Subprime financing. Nuts and Bolts: At the heart of the problem was the idea that you could manage risky mortgages if you pooled the debt with other less risky ones, then sliced and diced them into various investment vehicles, with predictable risk profiles. Instead, it provided channels that helped spread a financial contagion from the United States across the globe. The crisis has caused those in the investment and banking industry to rail against the "lack of transparency". Those who borrowed to buy or refinance their homes complain of fraud, lies and gouging

Retirees beware: Why is such a basic concept as separating earned income from owners' capital so deliberately twisted to mislead investors, and our securities regulators can't be bothered to step in? ...or rectify the most damaging mistake, which is that the distributions are frequently not income, but merely a return of the investor's capital.

Something is missing these days from Canadian courtrooms. It's called lawyers. In their place are ordinary people. With civil trials estimated to cost $60,000 to $150,000 and legal aid programs hard-pressed to serve even the poor, judges reckon that anywhere between 40 and 85 per cent of those appearing before them do so without lawyers.

Canadian society's drift toward a culture of "intense individualism": what may have fallen by the wayside is the consideration of the greater good for society says McGill Centre for Medicine, Ethics and Law. The fallout will affect everything from the labour market and productivity, to such seeming intangibles as social cohesion and acceptance of ethnic diversity

When it comes right down to it, a legal battle is war, its weaponry is money and the winner is the side with the most firepower... it's a machine that must win. It becomes not a matter of justice, but a need to win. Those representing it have their reputations and their futures on the line...The protection system our forefathers designed for us, as ours, has been taken over by its insiders, and remade to serve its interests, not ours.. says Dave Brown November 27, 2005

Taxpayers are picking up the tab for more than $1.3 million in legal fees to help Jean Chretien and two top aides, Jean Pelletier and Jean Carle, defend their actions in the sponsorship affair, government documents show. Just over $700,000 is earmarked to pay legal counsel for Alfonso Gagliano, the former public works minister., according to the documents obtained under the Access to Information Act.

Business:

Employers needn’t fear legal repercussions when using right to demand accountability. Threatening to sue one’s employer is the ultimate career killer writes Howard Levitt (Senior partner of Levitt LLP, employment and labour lawyers. He practises employment law in eight provinces).

Ontario is boosting the monetary limit of the small claims court from $10,000 to $25,000 to help speed up and lower the costs of resolving disputes.

BEWARE ONTARIO BILL 150: Home Energy Audits Will Be Costly Says Jim Wilson -Queen's Park Report • the Bill (if passed) shifts cost overruns and scheduling delays in the energy sector from private developers on to taxpayers • every homeowner must submit to an "energy audit" costing about $300 that may force renovations ranging from $3,000.00 to $25,000.00 • government inspectors will be able to conduct inspections and searches in your home, not for criminals, but for energy-efficiency • interfering with the inspector or even failing to assist is an offense punishable by a fine of up to $10,000.

PSAC rebuffed by Federal Court— The Federal Court of Appeal has sided with an Ontario Superior Court Judge and ruled that unions cannot use the courts to collect fines from members who chose to go to work instead of striking.

New approach needed to fight securities fraud: Canada has to rethink its approach to investigating and prosecuting securities fraud or continue to be outwitted by the smartest and best equipped white collar criminals in the country, says a new report.

Court certifies $150M class action against TD Bank Visa "It would hardly be sound policy to permit a defendant to retain a gain made from a breach of contract because the defendant estimates its costs of calculating the amount of the gain to be substantial," judge Winkler wrote.

Swindler as bad as robber : our government provides no more protection of the public than your average banana republic. FULL-TIME thieves and swindlers are a breed apart from law-abiding citizens. Markedly deviant, aggressively antisocial, devoid of morality and the restraint of conscience; they imperil us and threaten our peace of mind.

Ontario's highest court reversed its own decision Feb 7th on a previous case and gives woman's home back in rare ruling reversal. See also: The many faces of real estate fraud

Paralegals: A North Bay paralegal is the first person in Ontario to be sentenced to house arrest for the unauthorized practice of law, following years of clashing with the Law Society of Upper Canada.

Ontario Paralegals Say NO to Regulation by Lawyers! Sept. 20 /CNW/ - The Ontario Justice Committee hearings
regarding Bill 14 (Access to Justice Act) are coming to a close. Independent paralegals in Ontario are in a David and Goliath fight. If Schedule C to Bill 14 is enacted, Ontario lawyers will be handed the opportunity, on a silver platter, to get rid of their competition.

Solicitor-client ethics: Unlike Canadian doctors, who have a "zero tolerance" rule for consensual sex with their patients, lawyers in Canada are permitted by the Law Society's rather complex professional-conduct and ethical rules to engage in consensual sexual liaisons with their clients.

Outsource-Think the high fees you pay your local law firm are for quality work done here?- think again. It's all about profit. Canadian lawyers are quietly starting to outsource legal work to India, where they can pay substantially less per hour than they would pay quality junior lawyers in Canada.

A judicial inequity: How is it that after nine years, our politicians have not acted to legislatively correct the judicial inequity established when the Supreme Court of Canada decided that auditors could sign misleading financial statements without risk of prosecution?

Problems for the legal profession are forecast as lawyers continue to price themselves out of the market. "The middle class, probably even the upper middle class, have been abandoned by the legal profession, and the skyrocketing cost of litigation is keeping most Canadians from using the court system to settle disputes", says Madam Justice Marvyn Koenigsberg, a judge in the B.C. Supreme Court. Consumers ultimately rule the marketplace and it's no surprise that they are not buying. "Ordinary people have completely deserted the court system" except for family-law matters, says Justice André Wery of Quebec Superior Court, and almost all other civil trials now involve corporate litigants. Judges are partly responsible for the inefficiency of the courts. Their inconsistent behaviour (judicial activism) makes it very hard for lawyers to know where they stand. "We need a judges school," say some lawyers.

IP Shakeup: When Justice Marshall Rothstein appeared before a House of Commons committee, intellectual property law issues did not figure prominently in its discussions. That was a mistake. Judge Rothstein's lengthy record on patent, copyright and trademark matters suggests that he may very well challenge the status quo at Canada's highest court.

. False Hope: "The new laws were supposed to allow investors to sue companies, officers, directors and certain advisers if an investment in the secondary market (such as the TSX) went sour because of a misrepresentation by those parties. The secondary market covers roughly 90% of equity trading in Canada.--Instead, we have new legislation that limits recovery options and minimizes any chance that investors will fight to recoup losses" says forensic accountant

Corporations tapping public markets are not obliged to keep updating the final prospectus to reflect changing material facts, the Ontario Court of Appeal said in a decision with important ramifications for the coming wave of securities class actions. Sandra Rubin, Senior Business Writer Financial Post Wednesday, December 21, 2005

Investors remain legally defenceless. Ontario legislation won't make much difference . The OSC’s David Wilson calls Ontario’s Bill 198 “a milestone.”
Forensic accountant Al Rosen, however, isn’t impressed. F.P. December 14, 2005

Unhappy investors face legal minefield MONEY 301 | Getting redress isn't easy, says columnist Ellen Roseman November 29, 2005

Alberta Liberal Leader Kevin Taft gets RCMP-led investigative team to review the controversy surrounding allegations of tainted investigations at the Alberta Securities Commission reports Janet McFarland, November 26, 2005

Legal Briefs: more food for cynicism-by lawyer Ian Johncox Nov 1-8, 2005

In Canada, fraud cases can drag on -by Mark Heinzl, The Wall Street Journal October 27, 2005

Protect yourself against fund fraud,Fund scandal far from over says Rudy Luukko Toronto Star October 22, 2005/ Peter Brieger Financial Post

Bad brokers a $1-billion problem for investors, says Dan Leger, Chronicle-Herald, Halifax Nova Scotia October 17, 2005

Theft of heavy equipment costing construction industry millions "Organized crime has moved onto the building sites: Canadian equipment and materials are ending up everywhere from Russia to the Middle East",says CBC October 17, 2005

New Ontario statute of limitations perhaps not in public interest: only 90 days left to file civil actions, warns Canadian fund watcher Oct 1 2005

Ontario trying to 'hide' negligence: Representative of brain injury victim accuses province of mishandling case.reports Shannon Kari May 30, 2005

Canadian justice system on life support, says award winning UBC legalist, February 6, 2004

The Charter:

New rules in 2011 will let big trials go faster: They’re the kind of trials that go on for months, sometimes years — biker-gang trials, the Air India bombing case, the Willie Pickton serial-murder trial, and increasingly, routine murder and sex-assault trials.

Top court to rule on cash for charter breaches: Can litigants be financially compensated when their charter rights are violated? The case, which could have high stakes, has drawn nine interveners, including the federal government, Ontario, Quebec, police groups, civil libertarians, criminal lawyers and the Association in Defence of the Wrongly Convicted.

Court has a tech-heavy docket Predictions about the upcoming 2011 year in technology law and policy in Canada. the Supreme Court of Canada is set to emerge this year as the place where much of the action will take place. Canada’s highest court has lined up a tech-heavy docket that will have a major impact on Canadian law.

Class Actions unconstitutional? Courts have been certifying cases and settlements and haven't been "too worried about the constitutional niceties". Noted constitutional lawyer and scholar in residence at Blake,Cassels & Graydon in Toronto suggests that unless a class member has a"real and substantial connection" to the province whose court is hearing the case, rulings may not bind people that live elsewhere.

Liking the Supremes: The biggest downside of an unelected court is that it could become a pasture for party loyalists, as the Senate has. On historic questions -- same-sex marriage, security certificates, the rights of patients to timely health care, freedom of speech in the Internet era -- the court has acquitted itself well. It hasn't been afraid to make history, but it has avoided hyperbole and managed not to veer onto the turf of the executive or legislative branches -- even when cowardly politicians, such as Paul Martin during the same-sex marriage debate, practically begged it to.

The country's top court has struck down a Quebec law that restricts immigrants from attending English-language schools

The slope was indeed slippery: The very fact that the authorities had not found the guts to enforce Section 293 of the Criminal Code will now be counted against the law itself. Polygamy will have more immediate practical consequences than same-sex marriage. Canada will become the first country in the western world compelled to accept the multiple wives. Charter can be basis to deny polygamy: I do not share this pessimism about the eventual legal outcome.

There will be no EI Christmas bonus for Canadians after the Supreme Court of Canada refused yesterday to order the government to return a $57-billion surplus in the employment insurance fund to contributors. However, the court said in the same decision that the former Liberal government illegally collected premiums for three years because it let the federal cabinet set the annual rate, rather than Parliament.

Supreme Court of Canada ruled that even if companies comply with regulations governing emissions, they can be forced to pay damages if they excessively annoy nearby residents.

Provincial Proceeds-of-Crime laws: The Supreme Court of Canada considers whether provincial governments have the constitutional power to seize the proceeds of crime.

Mangling the Charter: By a margin of one swing vote, the court rejected recent law-and-order tweaks to a youth justice system that had existed under a cloud of disrepute since the passage of the original Young Offenders Act (YOA) in 1985. Canadians should be appalled that our highest court should use our Charter to set this misguided policy into constitutional stone.

Income Tax Act discriminates against divorced parents who pay child support -- a view that even some judges at the Tax Court of Canada have endorsed.

Legal aid is not a right: says B.C. court of appeal. Justice Mary Saunders, supported by Justice Peter Lowry, quoted the Supreme Court of Canada saying there is no fundamental right to access to legal services.

People can sue the Crown when their privacy is breached. Section 7 of the Charter of Rights and Freedoms guarantees the right to life, liberty, and security of the person, says Ontario Court of Appeal. Has the function of the Crown appointed Privacy Commission of Canada been to shield the Crown from lawsuits or to serve the people's interests?

There is no right to silence says the Supreme Court of Canada Police have the right to continue interrogating criminal suspects, even after suspects have asserted their constitutional right to silence and refused to answer questions, the Supreme Court of Canada ruled Nov. 1, 2007

The state does decide what makes a parent : Is there a Charter right to be irresponsible? Alberta courts have said "no." Now the case is off to the Supreme Court of Canada. When Jane Doe told her live-in boyfriend John Doe that she wanted a baby, he said he didn't. It's a sad but common story: Typically, the couple splits to find partners with matching interests.

Lawyer allowed to challenge citizenship oath: Under Canadian law, all new citizens over the age of 14 must repeat the following oath: "I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen."

Why we need 'notwithstanding' Judges are not elected but instead appointed by the Crown, and so Prof. Russell correctly observes that the notwithstanding clause is essential to the people in order to safeguard them (through their elected representatives) from unlawful acts of the Crown and its judges. As he puts it, the wise statecraft of Blakeney, Lougheed and Lyon foresaw the necessity of "a parliamentary check on a fallible judiciary's decisions."

Anti-terror law::'Motivation' can't be used to define terrorist activity, judge rules-Ironically though, the ruling could make it easier to prosecute accused terrorists by removing the legal hurdle requiring prosecutors to prove a political, religious or ideological motivation. When the act was enacted in December 2001, some legal scholars said proving such motivation in court would be difficult. In fact, the first draft of the act introduced in the Commons of what was then Bill C-36 did not contain the now-defunct motivation definition. It was added only after criticism from opposition politicians and legal scholars concerned the act might be broader than the government intended. They argued it might be used to target various forms of political dissent and protest that had nothing to do with terrorism, such as labour strikes and anti-globalization protests.

Persons Day in Canada recognizes the court decision on Oct. 18, 1929, finding that women were to be considered "persons" for all purposes under the British North America Act. The Persons Case itself presents a good case study in social justice, one on which critics of so-called "judicial activism" should reflect, says David Asper. ***Wrong, says Graham Barnes, the 1929 Persons Case was nothing like modern "judicial activism," however progressive its outcome, . ***"Judicial activism" is usually regarded as the opposite of judicial conservatism, which is to say that activist judges do not feel obliged to simply interpret the law as enacted by the people's representatives, but to expand the provisions of legislation in order to implement judge-made policies that, arguably, the legislators had no intention of implementing, says Burton H. Kellock, Q.C.*** David Asper's endorsement of judicial activism is reminiscent of "Mussolini made the trains run on time."comments Rick Sewell.

Axed: The activist organizations and powerful lobby groups that run Court Challenges Program (CCP) don't want to have to go to court with only the same resources as the citizen groups that oppose them -- that is, with only those resources they can raise from their members. The CCP may be funded by Canadian taxpayers, but it has been taken over by the very special interest groups that are its major beneficiaries.

Fund all the interests or none of them. That would be fair. Litigation is not suited for balancing interests. Those there, in the courtroom, are those who can afford to be there. Litigation is notoriously expensive. Nowhere more so than on large-scale constitutional cases. Many times cases before the court do not include those who have interests in the matter but cannot afford to be there. Providing access to a privileged fund for litigation to only those who fit a politically driven conception is unfair.

Court Challenges tilts legal process: contentious government program that helps fund special interest groups to challenge federal laws on equality grounds is under review and facing an uncertain future for the second time in its 28-year history.

Feminism still trumps gender equality in family court. This reflects judicial acquiescence to reigning feminist orthodoxy: At the crux of family law's failure is a cynical tolerance for erratic courtroom decisions, with unaccountable judges routinely winking at perjury and child-access obstruction. The remedy is to abandon existing family law.

Supreme Court gets it right on host responsibility: Throwing a party gives you a moral, not legal, obligation to control drinking guests. Had the justices sided with Zoe Childs and Mothers Against Drunk Driving -- who had asked the court to establish that hosts have "a duty of care" to the general public -- they would not only have changed the nature of entertaining in Canada (a comparatively minor outcome), they would have altered the nature of personal autonomy and personal responsibility.

Tribunal biased on sexual orientation: Human Rights Tribunal runs the risk of fragmenting its focus and inviting ever more inventive complaints by deviating even a little from its own precedents.

U.S. Supreme Court Justice Antonin Scalia, in a speech to a think tank in Puerto Rico in February of this year, criticized those who believe in a “living” constitution. “You would have to be an idiot to believe that,” Scalia said. Canada’s Chief Justice Beverley McLachlin has often described Canada’s Constitution as “a living tree”; and last December she urged judges around the world to be much more aggressive in promoting their concept of rights “...no matter what the Constitution or the law may say.”

In the Supreme Court case, known as Big M Drug Mart case, Chief Justice Dickson established the nature of religious freedom in broad terms: "The essence of the concept of freedom of religion is the right to entertain such religious beliefs as a person chooses, the right to declare beliefs openly and without fear of hindrance or reprisal, and the right to manifest belief by worship and practice or by teaching and dissemination ..." Regrettably, it's mostly been downhill ever since. As a result, not only is there less government of the people, by the people, for the people, but consensus building and compromise disappear.

Hand-picked Supreme Court of Canada endorses private swing clubs:-In 1981, when our Charter was written, they debated the inclusion of "sexual orientation" for two days! They then voted 22-2 to leave it out. That's how the Charter went to Parliament and how the Constitution became the highest law in the land: Parliament should create a Standing Committee on the Judiciary with the authority to examine ANY court decision on the grounds of its constitutionality.,

Given the unstable legal climate, it is certain that some self-possessed judge, somewhere, will soon rule that three men or three women can marry. Or five men and two women. Or four and four. Who will be able to deny them that right? The guarantee is implied, we will be told, by the Constitution. Those who disagree will continue to be seen as hate-mongers and bigots. Anything allegedly linked to "civil rights" will be doable, says Dr.James Dobson.

The Charter is Canada's new religion; the judges the new priests; the notwithstanding clause original sin (Jan. 25, 2005)

Supreme Court- a sad show by Link Byfield Aug 27, 2004

Stacking the Court with Activists- National Post August 25, 2004

Judges not properly trained for role as society's 'new priests,' jurist says. May 4, 2004

Dumping the rule of law April 19,2004

Top court open to case-choice bias April 14,2004

Political bias and patronage... Gazette March 17, 2004

unbridled judicial activism Free Press, December 16, 2003

The High Priests of Secularism: National Post-Nov 27, 2003

Juice-up Judiciary Vancouver Sun -Nov 27, 2003

Judicial Rule -National Post, November 8, 2003

Why Can't Intelligent People Think/New Game of Charter Politics...by F.L.(Ted) Morton, National Post, September 4, 2003

Courts have in effect amended the Charter- says Rory Leishman, London Free Press, September 2, 2003

Canada's Courts Now Rule The Country-by David Warren, Ottawa Citizen , June 23, 2003

Top Court Hijacked- Globe and Mail, April 3, 2000

Bow down and proclaim fealty to the almighty charter, says John Robson (Feb 4, 20

Judges form Canada's 'new priesthood' T.Byfield

"We apparently have judge-made law in this country" says John MacKay M.P.(liberal

Judges Have Become A Law Unto Themselves-says Rory Leishman, London Free Press

Survey: Parliament, Not Judges, Should Write The Laws- by Jeff Sallott, Globe and Mail

Canada's Ambitious Courts too meddlesome

Judges Not Writing the Laws : says Chief Justice McLachlin

Antonio Lamer (Retired Chief Justice) in reply to "Canada's Courts too meddlesome"

Democracy Deficit:

Parliament's lost promise
The Fathers of Confederation intended Parliament to be the cornerstone of a broad, inclusive union, a concrete manifestation of our national identity. But now, riven by dysfunction and undermined by imperial prime ministers, unelected judges, narrow-minded interest groups, 'gotcha' journalism and its own powerful officers, it is an institution in crisis.

Mob tyranny in democratic guise: In a democracy, there should be no government agency at all that has the power to decide whether one citizen's or groups' political views are acceptable. The courts exist to hear charges of individual libel. Beyond that, we each have the right to counter views we find objectionable, but not to seek state help in suppressing them.

Partial reform is better than none: I can think of no other country on the planet where the prime minister has the power to personally appoint one entire legislative chamber.

Ultimately, the courts belong to the people, so selecting judges is too important to be left to a cozy little circle within the legal profession.

The Chief Justice's comments might leave Canadians under the impression that the current process of appointment, being "independent," is necessarily related to the principle of judicial independence. It is not. Judicial independence means that judges are free to discharge their duty of adjudicating each case solely on its merits, without the influence of fear or favour from any source. It has little to do with the process of appointment.Judicial independence is not per se compromised by how one becomes a judge, but by what happens after one becomes a judge. Despite the objections of the criminal defence bar, there is no obvious reason why such consultation should not include law enforcement agencies -- although it should not stop there, say law professors.

Out from the shadows: Judicial independence means that judges are free to discharge their duty of adjudicating each case solely on its merits, without the influence of fear or favour from any source. It has little to do with the process of appointment.

It is astonishing to witness the legal establishment's sudden concern about the independent advisory process for judicial appointments. Problems with the process never bothered them before, even though they were an integral part of the current system of judicial appointments.The latter explains why so many former presidents of the Canadian Bar Association and provincial law societies have been appointed judges in the past, says Toronto lawyer.

Canada's lawyers and judges are determined to retain their "private club" for screening candidates for prestigious federal judgeships, despite a perception the process is tainted by politics and backscratching, says the president of the Canadian Professional Police Association.

Political groups and special interest organizations struggle to preserve their control of judicial appointment process. It's a closed club, more voices not wanted say the Lawyers' and Judges' Associations.

In an unprecedented move, the Canadian Judicial Council (CJC) opposes changes to the process for appointing federal judges. The CJC wants the status quo and no major changes to the advisory committee, which is largely composed of lawyers and judges from the Canadian Bar Association and Law Societies. Mr. Toews said he wants to expand the number of voices on the committee.

Tories name key supporters to judgeships. Patronage appointments fly in face of accountability promise, critics say

Ontario aims to dispel patronage myth with new rules for justices of the peace. The reality is, justices of the peace, or JPs, are a growing and increasingly important layer of the judicial system, performing functions that were once the sole domain of judges. Nowhere is it more evident than in Ontario where, among other things, JPs can decide whether to grant accused persons bail, or throw them in jail, and whether to issue search warrants to police.

The death of 'Dominion Day': The British North America Act of 1867 declares: 'The provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion under the Name of Canada.' Years later, a handful of parliamentarians objected that the word was 'too British.' And, in a debate that lasted all of five minutes, a new holiday was born. Canada Day is not just another day off

Conservative election campaign co-chair gets judgeship. Amid complaints that you can't get a judgeship without political connections,.Justice Minister Vic Toews, as opposition justice critic, rallied against the system of appointing judges, saying it was rife with patronage.

Standing up for the rights of parliament-The mind boggles. Not so long ago the socialists of the NDP subscribed to the Marxian precept: “From each according to his ability, to each according to his needs.” Now they berate a Conservative cabinet minister for suggesting that the Chief Justice should be content with a 7.25-per-cent pay hike that will give her an annual income of $298,500.

If Parliament isn't prepared to defend its ancient democratic role, then who can? Maurice Vellacott's offence was to criticize Chief Justice Beverley McLachlin's notably exalted description of a judge's role, delivered in her celebrated speech in New Zealand.

Party time for Courts: Judiciary proves its power as a political force-The first real political defeat suffered by Stephen Harper's Conservatives was dealt not by the hapless Liberals, demoralized and in the midst of a leadership contest. No, the first blood drawn against the Tories was inflicted by a lesser-known but more powerful political force: The Court Party. One of the sources of its power is that it can never be thrown out of office, since it has never been elected in the first place.

The intriguing possibility is that Justice McLachlin actually believes that when a lawyer is appointed to the bench, a new insight – somehow descends upon the appointee. This person is no longer just a lawyer who backed the right party. This person is now a seer, an oracle, a clairvoyant with new powers and insights into the soul of the nation, endowed with a "gift of prophecy," or whatever you want to call it.

" Justice McLachlin is possibly tainting public opinion about appointments Harper has not even made. By so doing, she is playing politics. She said the judiciary should not be politicized because it is not a "mirror" of Parliament, but if she wants any example of a politicized jurist, she need only look in the mirror."

It was a toasting, not a roasting... to see if he had the right stuff to join the gods of Canadian law. As for Rothstein, he'll quickly become an untouchable as one of the Supreme nine with society-redefining powers.But political transparency? Judicial accountability? Nothing of the sort was accomplished by this committee. They succeeded only in putting a human face to a judicial fix. 02/28/06

Rothstein is the least liberal of the three names on the Liberal short list. Since Liberal MPs feel compelled to back their own short-listed candidate, they also tacitly validate the new selection process Harper has put in place -- which includes public questioning by MPs. It is the new method -- not any particular nominee -- that is the key to the long-term reform of our activist courts... a generation-long mission. [ 02/27/06]

New Marshall in town says judges must focus on applying law, not making it. Judges should stick to the law and leave social agendas to elected politicians, says the man nominated by Prime Minister Stephen Harper to be the newest member of the Supreme Court of Canada

Supremes reign: Democracy ruled by judges has Canada in full 'swing'
There's a famous story about King John, the tyrant of England who was eventually forced at spear-point to sign the Magna Carta, our first constitutional document. Until he was confronted by an enraged kingdom for overriding established laws, he had said, "The law is in my mouth." In other words, the law is whatever I say it is. Queen Beverley just said the same thing: says Link Byfield, Calgary Sun December 30, 2005

When it comes to swingers' clubs Canada's Supremes got it wrong - again. The Court has taken the position that the public continues to possess the right to enforce standards of public behaviour, but that it does not have the right to decide what those standards should be...far from shielding citizens from the supposed oppression of moral rectitude these Supreme Court Justices are merely substituting their own standard of morality for the accepted standard, says Joseph C. Ben-Ami

The Supremes: Gods -- or nine well-paid lawyers with jobs for life? by Gordon Gibson-Globe & Mail December 16, 2005

Judges should feel "emboldened" to trump the written word of the constitution, says Chief Justice McLachlin. She has urged judges to go beyond the letter of the law and defy legislation, reports Janice Tibbetts, The Ottawa Citizen December 05, 2005

Chief Justice Beverley McLachlin's controversial New Zealand speech : December 1, 2005 (download in pdf format 1.12MB)

Whatever happened to democratic reform? David Asper, National Post
Published: Monday, December 05, 2005

Reform tougher rules on judgeships proposed: Eager to shake off allegations of cronyism as they head to the polls, Liberal MPs voted with the opposition to endorse reforms that would make it harder for future governments to use federal judgeships as patronage plums, reports Cristin Schmitz, CanWest News November 29, 2005

Martin government gives Canadians the illusion of judicial reform, without any substance-says law prof. Jacob Ziegel National Post November 10, 2005

Cut patronage in judiciary, lawyers urge: political partisans should 'cool off' 2 years before they get judgeships reports Cristin Schmitz October 31, 2005

Six candidates on Supreme Court short list: secrecy and lobbying reaches fever pitch. CTVnewsnet October 17, 2005

New Supreme Court selection process another example of pretend democracy says Link Byfield-Calgary Sun Oct 14, 2005

Political patronage 'a huge problem' in appointing judges says former premier Brian Peckford: 'More accountability, objective vetting' needed; inquiry into process long overdue' reports Cristin Schmitz Sept 26, 2005

In the theatre of the absurd in which we Canadians live, last year Justice Minister Irwin Cotler announced with some fanfare a "revolutionary" change in the process for selecting our Supreme Court justices... It was only Cotler himself who appeared before the committee" ,says Paul Jackson, Calgary Sun, Aug 2, 2005

Its time for a global perspective: The Canadian set-up, coupled with the overwhelming dominance of the Liberals these past four decades, means the vast preponderance of top judges in Canada have all been appointed by one political party. Nothing remotely like that is true of Australia or the United States, nor even of New Zealand. Nor is it obviously a good thing says law professor Allen James, July 4, 2005

Canadians are so mesmerized by the Charter and subservient to the courts that we have lost the will to govern ourselves, says Rory Leishman The London Free Press Tuesday, August 16, 2005

Among western democracies, Canada has the stigma of having one of the least transparent and accountable systems for appointing judges-Jacob Ziegel Professor of law emeritus at the University of Toronto, June 23, 2005.

A democratic say in picking judges need not undermine the integrity nor independence of the court, says David Beattie, faculty of law, University of Toronto

Supreme Court decision on health care will change Canada, reports Mark Kennedy June 10, 2005

Constitutions must be interpreted based on what was meant at the time they were drafted, not based on what we would like them it to mean today says U.S. Supreme Court Justice Antonin Scalia, April 14, 2005

Power of Commons 'is a myth,' ex-PM says -by Bill Curry, Ottawa Citizen Oct 8, 2003

Politicians Allow Courts To Turn Them Into Eunuchs -by Ian Hunter, law professor

Grappling with Charter 'legitimacy' says Ted Byfield -Sun, July 11, 2004

Decline of Democracy -by F.L. (Ted) Morton, Winnipeg Free Press, July 10, 2003

Supreme Court : Democracy Gap -by S. LeRoy & N. Seeman, National Post, August 7, 2003

City of Ottawa violates Charter of Rights

In Law-law Land ™

Top court wraps up manure case, sides with farmer: What began as a $10,000 dispute, ten years ago, became a $100,000 compensation decision, and costs

Lawyer Hugh Ladner Q.C. broke divorce settlement- B.C. Supreme Court Justice Nate Smith ruled that Wolfson "failed to meet the standard of care expected of a reasonable lawyer."

It's never over: Airplane mechanic Brad Rawn went through a nasty custody battle that ruined him financially. Now he’s facing a battle with his former lawyer Richard Marks , who is looking for money that he says he is owed.

The Ontario Court of Appeal has sentenced Simon Rosenfeld, 63, to five years in prison for money laundering instead of the three he received at trial, citing his status as a lawyer as a "significant aggravating factor" worthy of harsher punishment.

CANADIAN JUDICIAL COUNCIL-Last week's drama serves as the latest sign that the country's more than 2,000 federal and provincial judges are coming under harsher public scrutiny. The long wait for the panel's hearing is also reminder that justice moves at a very slow pace when it comes to reviewing the conduct of judges. Misconduct charges against judges have increased steadily in recent years, with the CJC reporting 189 complaints against about 1,000 federal judges last year. That's a 36-per-cent rise from the level in 2003.

D. Kenneth Gibson, of Gibson & Associates LLP, has been ordered by the Ontario Court of Appeal to pay back $258,596.21 to former clients Michael Paoletti, Giuseppe Trapani, Issam Mroue, Francesco Donato and John Russo.

Justice Suzanne Tessier If you deny your children access to TV or withhold their allowance, can they take you to court? And win? That implausible scenario emerged after a judge in Gatineau sided with a 12-year-old girl who challenged her father after he refused to let her go on a school trip for disobeying his orders to stay off the Internet. Experts in family law and child welfare say they were dumbfounded by last Friday's ruling by Superior Court Justice Suzanne Tessier.

$6 million in legal bills charged: CBC News has obtained forensic accounting reports filed during the lawsuit showing that Jaffer, on one occasion, billed 30 hours on a single day. Twenty-seven of those hours were for "finalizing accounts" — which means preparing bills.

$10,000 in legal fees to overturn $200 in lost pay for suspended whistleblower. As for Mr. Sleepy? In the midst of the suspension proceeding, he was promoted.

Ex-client, lover sues former head of Ontario law society. The former head of the governing body for lawyers in Ontario is being sued for $1.4 million in damages by a former client he had an affair with for more than two years. Ottawa lawyer George Hunter, 59, and his law firm, Borden Ladner Gervais, are named as defendants in the civil action filed in Ontario Superior Court.

Lawyers are rats: says Canada's MacLeans Magazine Aug 6, 2007. "The subject of our interview, Philip Slayton, has challenged the Canadian Bar Association (CBA) to debate the issues raised by our piece, but the bar association has so far declined that as well. Furthermore, the CBA has repeatedly attempted to apply financial pressure to our parent companies, Rogers Publishing and Rogers Communications Inc., in order to force an apology from Maclean's...one of the problems in assessing and policing unethi-cal conduct among Canadian lawyers is “the wall of silence that forms part of the elite firm culture.” Our interview broke through the wall. And, yes, our headline was tough, but one of the bright consistent threads through the literature on the problems of the Canadian legal profession is that legal professionals are more interested in maintaining a lucrative status quo than in confronting the need to reform".

You Pay Extra for Lawyers Who Can Read: Q: "Doctor, is it posible that the patient was alive when you began the autopsy?" A: "No" Q: "Did you check his pulse or breathing?" A: "No". Q: "Then how can you be so sure?" A: "Because his brain was sitting on my desk in a jar" Q: "But could the patient have still been alive nevertheless?" A: "It is possible that he could have been alive and practising law somewhere." National Post columnist George Jonas reviews "natural illiterates" in the legal profession: March 30, 2007

Lawyer disbarred for bilking couple in their mid-80s: In accepting gifts as 'friend,' he acted 'without integrity.'

Disbarred lawyer index: Archive

To suggest there could be a political bias in the appointment of Canadian judges is unthinkable because when Irwin Cotler was Liberal minister of justice, the following became judges: [Open]
Michael Brown, Cotler's executive assistant and policy adviser.
Yves de Montigny, Cotler's chief of staff.
Randall Echlin, legal counsel to the Ontario Liberal party.
Rosalie Abella, named to the Supreme Court of Canada, wife of Cotler's close friend Irving Abella.
Marsha Erb, Alberta Liberal fundraiser and close friend of Alberta Liberal cabinet minister Anne McLellan.
John J. Gill, co-chair of the 2004 Alberta federal Liberal campaign.
Vital Ouellette, unsuccessful Liberal candidate in the 1997 and 2000 provincial elections.
Bryan Mahoney, Liberal candidate twice defeated by Calgary Tory Myron Thompson.
Edmond Blanchard, former Liberal minister of finance in New Brunswick.

Monopolizing the court: Among western democracies, Canada has the stigma of having one of the least transparent and accountable systems for appointing judges, says Jacob Ziegel, Professor of law emeritus at the University of Toronto, June 23, 2005.

"More than 70 per cent of those appointed since 2000 to the Ontario Superior Court by Cotler and his predecessors Anne McLellan and Martin Cauchon donated money only to the Liberal Party of Canada"

We have an extraordinarily expensive legal system. Nobody can afford to hire a lawyer, even lawyers can't afford to hire themselves,says B.C. Attorney General Geoff Plant Feb 2, 2005.

Canada's justice system beginning to look a lot like Iran's, says Peter McKnight January 24, 2005

Federal Court is a dumping ground for failed or retiring federal politicians

Crude blackmail: If federally appointed judges don't get a 10.8% pay raise to $240,.000.00, then they might take bribes and make money on the side, suggests Canadian Bar Association lobby group president Susan McGrath, August 15, 2005

Profiles of candidates for top court kept secret

Federal judges want 17 per cent more

Solicitor-client ethics: Unlike Canadian doctors, who have a "zero tolerance" rule for consensual sex with their patients, lawyers in Canada are permitted by the Law Society's rather complex professional-conduct and ethical rules to engage in consensual sexual liaisons with their clients

Nov. 23, 2004-- Follow-up Jan. 06, 2005 Law Society pays Matkin to resign.

Conflict of Interest- B.C. Law Society poised to water-down current rules

Lawyer's lies, by Neil Hall July 16, 2004

Lawyer fakes illness, says Jake Rupert March 9, 2005

Legal profession's poor image "Polls continue to show lawyers near the bottom of the heap when it comes to public esteem" reports Cristin Schmitz August 16, 2005

Ontario Law Society : part of the problem, instead of part of the solution? The practice of law is big business and "in Ontario's legal ring, even when you win you lose." Supreme Court Chief Justice Beverley McLachlin is on record as saying in Canada, access to justice is "not a reality." Things aren't going to change until the laity accepts responsibility for resolving simple disputes, and breaks its addiction to lawyers.

Life after lawyers : Lawyers have to come to grips with the prospect that they are a "luxury good" that may no longer be needed in the country's courtrooms as more litigants represent themselves, warns a leading Canadian legal publication The National, the magazine of the Canadian Bar Association.

What shall we do with lawyers?

Lawyer faces a rare disciplinary hearing for publicly stating that some trial judges are biased or incompetent, partly because they owe their jobs to political patronage:. Constitutional Expert Outraged over Possible Sanctions (updates) January 19, 2005

Justice Rosalie Abella: is an embodiment of a class of people who genuinely believe themselves to be smarter than the rest of us, says David Warren, Aug 29,2004

without rigorous analysis and careful consideration of the dozens of possibilities the Abella Royal Commission found discrimination on the part of employers, says Mike Sporer ,August 30, 2004

Justice Lesley M. Baldwin: The complaint that her continuing involvement in matters of government policy, and aligning herself with initiatives or strategies that were being presented by a particular group, raised questions with respect to her ability to remain impartial and independent on issues that might come before her, but was not misconduct says OJC.

Justice Robert Blair: one of the most experienced commercial judges on the Ontario Court of Appeal

Judge Yves Bourbonnais: charged with fraud Gazette March 19, 2004: Appeals division judge Yves Bourbonnais was sentenced to six years in prison on June 29, 2006.

Justice Richard Byers: a model to follow says Karen Selick- Child Support Guidelines April 1998

Justice Paul Cosgrove: 1.'misuse' of power prompts inquiry: 2..suspended judge challanges CJC : 3...Federal Court trims provinces' powers over judges: 4 ...Federal government appeals 5..judge loses appeal 14Mar07 6. Supreme Court refuses Nov.30/07...judge will face inquiry. A last-minute apology by Mr. Cosgrove, who spent 2 years arguing the constitutionality of complaint, is interpreted as an admission of judicial misconduct. It is only the eighth such hearing since the CJC was established in 1971. The CJC has never resulted in the forced removal of a judge. End of the Saga: CJC recommends firing, Cosgrove collects $170,000 pension and $260,000 per year.

Justice David Crane stifles media independence and ability to expose wrongdoing,

Justice Thomas Cromwell: confirmed nomination of Justice Thomas Cromwell to the Supreme Court of Canada. Mr. Cromwell, a Nova Scotia Court of Appeal judge and widely considered to be a legal centrist whose decisions defy typecasting. replaces Michel Bastarache, who retired at the end of June.

Justice Marie Deschamps: one of the court's most fearless and original thinkers,

Justice Norman Douglas: " There is nothing that he said or did that we are able to condone.... we are bound to say that his conduct was very close to the line" says OJC.

Justice Margaret Eberhard makes lawyer pay costs,‘It’s fundamental to the operations of the court that trust exists between lawyers, and between lawyers and the court,’:-

Justice Eugene Ewaschuk: his 20 years on the bench leaves a reasonable person with an "apprehension of bias" say documents filed in Ontario Superior Court

Justice Robert Fournier: “I’m flabbergasted,” says parent of victim, a 20-year-old killed in car crash involving drunk driver . House arrest sentence for repeat drunk driver seems to casts administration of justice into disrepute.

Justice Constance Glube (retired chief justice) wants politcs out of judicial appointments

Justice John Gomery: Gomery Report will be a no-brainer, says wife -The Ottawa Citizen, October 28, 2005

Justice Stephen Goudge: one of the most experienced commercial judges on the Ontario Court of Appeal

Justice Susan Greer: thinks her power and jurisdiction extend to foreign countries

Justice Robert Higinbotham carried on with his judgment after defence lawyer John Green stood in court and said the judge had made a mistake. After he reviewed his notes and listened to actual tape recordings of testimony he realized the mistake.

Justice Sherman Hood bungles case,

Justice M. Marwyn Koenigsberg decision reveals an error in law. She overlooked the fact that an act of criminal violence gives rise to two separate and distinct cases

Justice Antonio Lamer-a vague usurper helped create an institution dangerously out of control, "subversive" of our democratic system of constitutional government.

Justice John Laskin: one of the most experienced commercial judges on the Ontario Court of Appeal

Justice Peter Leask: Potty-mouthed judge offers apology for the "f-word" he used twice, as well as other profanities, while a school group was in the public gallery.

Justice David Marshall had no jurisdiction to halt negotiations says Ontario Attorney General Michael Bryant. Justice Marshall's court order is arguably a nullity on several counts. Apparently, he owns property on the Haldimand Tract. He has land and a house along the Grand River which is under dispute by the Haudenosaunee. When this was pointed out to him during the early stages of the court hearings, he adjourned court to consider the issue. When he returned he declared that he was not in conflict and resumed the hearing. Some say "how convenient that the judge can declare himself not in conflict. That is usually for other judges to decide. Judge Marshall should have recused himself."

Justice Ted Matlow: “The inquiry committee concludes that Justice Matlow’s conduct is so manifestly and totally contrary to the impartiality, integrity, and independence of the judiciary that the confidence of individuals appearing before the judge, or of the public in its justice system, have been undermined, rendering the judge incapable of performing the duties of his judicial office,”

Justice Jack Major: contenders for Supreme Court of Canada should accept public scurtiny.

Justice Sheilah Martin: drug addiction is considered a disability in a growing body of human rights case law across Canada.

Justice D. Blair Mason: part-time Alberta judge hands out ex-parte Anton Pillar order, sometimes described in the legal community as a "nuclear weapon", effectively terminating conflict of interest complaints. Anton Piller orders are rarely granted. Theoretically, a court will place significant requirements on any plaintiff requesting one.

Justice John W. McClung: fought judge-made law

Chief Justice McLachlin: 1.a self-described "farm girl is chief justice of the Supreme Court of Canada 2.favours group sex decision 3. exemplifies a politicized jurist

Justice David L.McWilliam: new trial order by Court of Appeal judges Robert J. Sharpe, Janet M. Simmons and Susan E. Lang

Justice Ron Mills: rare kind of sexual assault-Saskatchewan complainant, whose name is protected by a publication ban, also acknowledged it’s possible she had removed her pants and underpants without help from the accused and wrapped her legs around him.

Justice Dianne Nicholas: "accepted the seriousness of her misconduct" (a study of why judges should not hear cases in their hometowns)

Justice Kenneth Pedlar tosses unique lawsuit : township's attempt to sue citizen for complaining about shoddy service violates Charter.

Justice Denis J. Power: Legal game proves tough for couple Judge recuses himself after suggestions past work could bias him.

Justice Jennifer Pritchard: Her instructions to the jury were contrary to a Supreme Court ruling in 2006 that said a judge can't take away a jury's ability to acquit.

Judge David Ramsay: jailed. 61-year old codger has more smarts, if no more scruples, than most other prisoners.

Justice Marshall Rothstein: New Marshall in town says judges must focus on applying law, not making it. Judges should stick to the law and leave social agendas to elected politicians, says the man nominated by Prime Minister Stephen Harper to be the newest member of the Supreme Court of Canada

Justice Andree Ruffo:
Panel recommends judge be removed from the bench -"broke every rule in the book for 2 decades".

Justice Douglas Rutherford: may well have a fine legal mind, but his curious disquisition this week suggests he is no expert on political or religious extremism. His odd remarks struck down part of the act that says terrorism is motivated by political or religious ideology, exposing the judge's poor understanding of terrorism. Justice Rutherford's jaw-dropping suggestion is that the motives of people who blow things up are irrelevant because, in the end, such people are irrational.

Justice Eugene Scheibel: rushed to judgment and inexplicably ignored the account

Justice G. Gordon Sedgwick 1. brings the justice system into disrepute, says editorial board --2..is a current and longstanding Queen's University Board Trustee -3..dithers for more than a year in Canadian Federation of Students case

Justice Arne H. Silverman: Wrong! The judge treated the injuries as though the result of a simple act of civil negligence.

Justice Drew Stymiest: sentenced to five years in prison for hospital fraud "crime of greed". New Brunswick judiciary asked to tighten conflict of interest rules for judges.

Justice Suzanne Tessier goes off the deep end. If you deny your children access to TV or withhold their allowance, can they take you to court? And win? That implausible scenario emerged after a judge in Gatineau sided with a 12-year-old girl who challenged her father after he refused to let her go on a school trip for disobeying his orders to stay off the Internet. Experts in family law and child welfare say they were dumbfounded by last Friday's ruling by Superior Court Justice Suzanne Tessier.

Justice Allan Wachowich, the Chief Justice of Alberta is also, fittingly, one of his province's ablest judges.

Justice David White: strange justice

Justice Warren Winkler gets nod as Ontario top judge. It's likely, however, that Winkler, a former labour lawyer known as "Wink," will be warmly welcomed in his new role. Popular among lawyers and judges and known for his wit, he's been senior trial judge on the Superior Court of Justice in Toronto for three years.

Investors must increase scrutiny of boards. The new international accounting standards will make comparisons more difficult, says warning from forensic accountants Al and Mark Rosen.

IS PUBLIC SAFETY a consideration in the sentencing process? by Hazel J. Magnussen

CLAIMING A VOICE AMID THE RHETORIC: Becoming an advocate for justice reform, by Hazel J. Magnussen

How the Supreme Court turned a reasonably effective criminal justice system into a happy-hunting ground for defendants and their charter-sharp lawyers.

A bad time: Did accounting cause the current financial mess? The short answer is no. The long answer is that it's a symptom of a larger push toward deregulation that did cause the current crisis, and therefore, it still needs addressing over the longer term in both the United States and Canada.

Canadians should quit wringing their hands about capital punishment. What Conservative Justice Minister Rob Nicholson did in not begging for Smith's life is exactly what the Liberal Justice Minister Allan Rock did less than 10 years ago in handing over accused killers Sebastian Burns and Atif Rafay.

JUDICIAL COUNCIL IGNORES ITS OWN RULES: the purpose of the Canadian Judicial Council is not to protect the public from the judges, but rather to protect the judges from the public.

Privacy Commission is hindrance to real protection- People should be allowed to pursue any rulings under any act directly, through the regular Section 96 courts without administrative bodies, commissioners or extra bureaucracy.

A judicial inequity: the Supreme Court of Canada decided that auditors could sign misleading financial statements without risk of prosecution?-by Al Rosen July 12, 2006

Oppal's activism is welcome: In an act of slack-jawed, senseless drunkenness - with a blood alcohol level almost twice the legal limit - Woloshyn drove her SUV into Firenze and killed him, an indictable offence so serious that it has a maximum punishment of fourteen years in jail. Judge Ellen Gordon sentenced Woloshyn to two years in jail. -by Wallace G. Craig 03/08/2006

The battle for society begins in infancy .Teenagers imbued with a whispering conscience and a willingness to do only what is right are unlikely to engage in anti-social or criminal activity. On the other hand, unfettered egocentricity in childhood can become an anti-social powder keg in adolescence, exploding in deviant prowess with drugs and violence. -by Wallace G. Craig 02/15/2006

Vancouver's ongoing mad experiment: Harm reduction, supposedly achievable through safe-injection sites, needle exchange, dependence on methadone, and free opiate trials is an illusion. Vancouver's Skid Road is a low-life drug mecca and a de facto decriminalized drug zone -by Wallace G. Craig

A vote in favour of diluted power proposed by Justice Gomery. "Whether the chief executive is running Canada, Enron or Nortel, absolute power brings disaster to all the stakeholders." by David A Kahn : February 28, 2006 National Post

Courts fail to punish violence by Wallace G. Craig, January 25, 2006

Drug regulation is a slippery slope to hell by Wallace G. Craig, December 14, 2005

Justice Rosalie Abella : Judging the new judge , by Mike Sporer August 30, 2004

Judging Judges -Robert Martin argues provocative case: Ottawa Citizen February 22, 2004

And Justice for None by Lynne Cohen

Deep Pocket Justice (Bizzare Court Decision) by Karen A. Selick

Courts Should Apply Law, Not Make It by John T. Pepall

A 'Gender Patronage' for Judges? by Robert I. Martin

Train Attorney Generals in Rudimentary Law by Robert I. Martin

The Rule of Law in the Canadian Constitution by F. L. (Ted) Morton

The Power of the Canadian Courts by C. Gwen Landolt

How the Courts in Canada Swept to Power by C. Gwen Landolt

Curbing the Power of the Supreme Court of Canada by C. Gwen Landolt

Deadbeat Judges Worse than Greedly Lawyers by Lynne Cohen

How to Clean Up Our Family Law Mess by Lynne Cohen

Chief Justice Misunderstands Meaning of Democracy by David A. Kahn

Supreme Court of Canada is a political toy says says C. Gwendolyn Landolt

Judges, a better way to choose them, says Peter Russell, law prof. emeritus UofT(424 KB pdf format) to return to home page from this file: click back icon on browser

Family Law

Supreme Court of Canada: the six-year battle of an estranged couple ended Friday February 18, 2011 with a ruling that may cause some to re-think commonlaw relationships.

Quacks: Globe & Mail discloses that family law judges, Ontario Superior Court Judge Craig Perkins, Ontario Superior Court Judge Alex Sosna, Ontario Superior Court Justice Theresa Maddalenanuk relied on quack when making decisions.

Economic downturn reduces spousal payment -Original ruling was unconscionable’ in light of hard times, court says. It is the first time the Ontario court has ruled on whether a “market-driven” reduction in the value of a spouse’s assets after the date of separation should be considered in determining an equalization payment.

The difference between "abuse" and "protection": The Criminal Code does allow parents to use reasonable force "by way of correction." The Supreme Court of Canada has said that doesn't apply to babies and teenagers, who are not capable of benefitting from corrective force. In other words, the father in this case couldn't have spanked his 15-year-old daughter

Marriage: Quebec has one of the highest proportions of unmarried couples of any place in the world. In 2006, the proportion reached 35 per cent of all couples in the province, compared to only 13 per cent in the rest of Canada. Out of the 1.2 million Quebecers living in unmarried -- or de facto -- unions, 60 per cent of them, or about 720,000, think they enjoy the same legal protections as their married counterparts, according to a 2007 poll.....Unfortunately for them, this isn't true.

Who ever said fairness was just? Missouri is not a place like Ontario, where a judge may assign multiple paternity at his own convenience, in defiance of nature. My principle would have been, "a mother is the best judge of who is the father of her child," I would even point out that "fairness" and "justice" come, sometimes, into direct conflict, and are at all other times quite different. Fairness is especially suspect, for the word means too many things in too many languages.

Ontario appeals court ruled that the five-year-old biological son of a lesbian and her male friend could have his mother's female partner added to his birth certificate as a third parent. Previously, the partner could have adopted the boy... Why this court ruling was unnecessary: perhaps merely one in a long series of court test cases designed to get “in the faces” of heterosexuals and score political points.

---Court has created the mother of all parent traps:You thought I was kidding. On Sept. 6, 2003, when this newspaper endorsed homosexual marriage, I wrote a column ending "Beware: Those who call for nonsense will find that it comes."

---Three parents, one big controversy: Granting lesbian legal status as mother stokes same-sex debate-Critics call it unnecessary judicial activism, another attack on traditional values by a court that took it upon itself to redefine the family. Same-sex parents say it is simply a recognition of reality.

---Adopting a new definition: As our social understanding of what is a family evolves, we need to keep a closer grip on two things: our facts and our principles. Important questions about have arisen.

Throw back to the dark ages: Debtor's Prisons established in Ontario- Debtors' prisons are back in fashion in Ontario and the pleas for help landing on this desk are increasing. Scared yet? A government agency is feeding debtors into the prison system
and not keeping a head count. It's going to get worse. It operates
out of an unmarked building north of the 401 and doesn't give its address. If you don't hear jackboots you're not paying attention. Update Feb 8 2007 : Ontario Court of Appeal outlaws debtor prisons but Supreme Court of Canada reinstates them, contrary to legislation and inconsistent with the general trend of the law since the middle of the 19th century which has increasingly widened the protection of the liberty of the subject.

Feminism still trumps gender equality in family court. A simple way to confirm that a particular ideology has captured mainstream culture is to monitor the political vigour or sluggishness around the causes that it deems "correct" and "incorrect."

Law and Order

The Crown should align with justice, not the police: The Attorney General has an ethical and constitutional obligation to ensure that his prosecutors remain independent and do not “align” themselves with the police. In some jurisdictions, this line has been crossed.

Making criminals into victims: Our justice system spends more resources on guarding the rights of the criminals than the civilian victims.Maybe we should call it the criminals’ justice system, rather than the criminal justice system.

Victims of Crime: Canada’s first watchdog for crime victims has himself become a victim of job loss.

Ontario Law aimed at crime houses: Act gives authorities power to shut down nuisance dwellings Similar legislation is in place in Manitoba, Saskatchewan, Yukon, Nova Scotia, Newfoundland and Alberta.

Psychopaths can charm and manipulate their way past even a veteran prison or parole official.Canada’s prisons are granting early release to psychopaths two-and-a-half times more often than they grant it to other criminals, a group of psychologists says.

Think about it: The Crown seized a property even though no charges had been laid against anyone. This is a dramatic exercising of state power. The constitutionality of the legislation is currently before the Supreme Court of Canada.

Small Claims: Ontario is boosting the monetary limit of the small claims court from $10,000 to $25,000 to help speed up and lower the costs of resolving disputes.

A tough approach that might work: In a season of tough talk on crime, I would like to propose a challenge to our political leaders. In this country, one group of criminals commits a disproportionate number of crimes that we could easily reduce with more coercive sentencing. However, our usual form of coercion -- imprisonment -- doesn't work for them. They need a different kind of sentence

Crime victims should get a share of prisoners' wages: ombudsman garnisheeing the prison wages of federal offenders to help pay for victim services to counter a trend among sentencing judges to routinely waive a special victim surcharge that is mandated under Canadian law.

Failure to apply the law: Judges are routinely turning their backs on a special federal fine they are supposed to levy against lawbreakers to help support crime victims, says report.

New law will allow police to issue three-day license suspensions for a first offence; partly the result of mounting frustration with the criminal court system when it comes to impaired drivers.

Probable cause: smell of burnt marijuana isn't enough evidence to arrest someone for possession says Saskatchewan Court of Appeal. Does this ruling mean that the smell of booze isn't either? Pdf Sask Appeal Court decision

Top court studies judges' right to cut binding sentences: At the heart of the case is the controversial question of mandatory minimum prison terms for gun crimes, and exemptions from those terms that a person might request on constitutional grounds.

HARM REDUCTION IS CUNNING NONSENSE- a sly attempt to insinuate merit and worth into unmanageable needle exchanges, unsafe injection sites and open-ended drug maintenance using methadone.-by retired judge Wallace Gilby Craig-November 7, 2007

I FEAR FOR B.C.'s FUTURE: Our once proud Canadian society is constantly being brainwashed to accept never-ending addiction as a normal common feature. We are being deluded into living according to a lowest common denominator.

Province challenges right of mentally ill to sue jailers: Class-action suit was wrongly allowed: Ontario

Top court upholds ban on spousal testimony: The remains of two exotic dancers were discovered in shallow graves in a wooded area near Vancouver three months after they vanished in 1986. Mr. Couture was sentenced to life imprisonment with no chance of parole for 16 years. He was let out on bail after the B.C. Court of Appeal ordered a new trial in 2005.

JAIL'S PURPOSE IS SUBVERTED: On Oct. 7, 1971, Canada's solicitor general, Hon. Jean-Pierre Goyer manifested constitutional malfeasance on the part of the federal government. It was an abdication of the paramount non-partisan duty of all members of every democratically elected government to protect their fellow citizens against violence and property crime.

LOCK YOUR DOORS : Our once-noble justice system has become just another social program, and it’s failing to protect Canadians.

Is Canada a Land Fit for Criminals? Wally Craig cut through the nonsense that the accused or his/her representative presented. Far too often, it seems, persons charged with an offence offer up all manner of stories in an attempt to explain why they are not to be held responsible for their behaviour. No longer 'A True North strong and free' we have become a chattering nation burdened with a spineless criminal justice system."

Retrial ordered in Cumberland slayings
Decision follows earlier ruling freeing two other men tried for same killings: decision will no doubt add to the estimated $30-million already spent on the case, which puts it among the country's most expensive of all time.

Is Public Saftety a Consideration in the Sentencing Process? While the debate regarding the effectiveness of tougher sentences goes on, it may be helpful to examine the principles that guide the sentencing process.

Toews backs off prosecuting 10-year-olds A new law that would implement harsher treatment of young offenders will be introduced in the next few months, but Justice Minister Vic Toews is backing away from the prospect of bringing children as young as 10 into the criminal justice system

Casual pot use a disability: says Alberta judge
Human rights legislation cited

Where is the law when you need it? When the subject is two-tiered health care, Canadian politicians are quick to insist they will accept nothing less than a single standard for all Canadians.But when there is a two-tiered application of the law our leaders mumble, cast their gazes downward and paw the ground.

Plea bargains ignore victims. Plea bargaining is unacceptable expediency in the sentencing of criminals. It abnegates the constitutional obligation of our government's prosecutors and our judges to compel observance of the criminal law. Judges must have some inkling that the practice brings the administration of justice into disrepute.

Makes 'deal with the devil': Ontario Attorney General Michael Bryant sets a precedent that puts a price tag for criminal activity. It looks as though organized crime is buying a cheaper sentence with the proceeds of criminal activities, said former AG Bob Runciman. Rather than being treated as one, an act of criminal violence gives rise to two separate and distinct cases, says retired judge Wallace G. Craig.

Keeping the crap in the tank: In characteristically vague but enthusiastic language, the people in Santa Claus suits who sit on Canada's Supreme Court voted 7-2 to overturn any law we might have......the general consequences are astonishing to contemplate. January 30, 2006

Ontario: What were they thinking? Ministers Michael Bryant and Monte Kwinter endorsed sweeping plan to cut cost: fewer offenders to be charged, more accused people to be released on bail, inmates to be let out of jail more quickly and the closing of several jails. Plan rejected by McGuinty-"Thank God for whatever happened, whatever intervened to stop this train wreck," said Scott Newark, former vice-chair of the Office for Victims of Crime. - by Adrian Humphreys National Post, January 17, 2006

In their Dec. 21 ruling legalizing most sex clubs, the SCC pronounced community standards of decency irrelevant to the for-profit facilitation of group sex for kinky risk-takers and voyeurs. To their credit, Justices Michel Bastarache and Louis LeBel warned of more transgressive "rights" -- polygamy, bestiality -- waiting their turn for special pleading with now-justifiable hope, says Barbara Kay, National Post, December 28, 2005

Supreme Court approves group sex: If you are a parent trying to raise your children with some reasonable standard for sexual behavior you now are in disagreement with the Criminal code and seven of the "wisest" legal minds, says Brian Rushfeldt -December 22, 2005

The real harm is to our values: Unfettering swingers' clubs is hardly family friendly-Calgary Herald-Thursday, December 22, 2005

The federal government has routinely failed to fulfill its responsibility to protect public safety and security by removing foreign nationals who commit crimes or are the subject of outstanding warrants. We know this thanks to an internal government report obtained by the National Post last spring, December 5, 2005

Sometimes real justice is lethal: One of the most frustrating aspects of the capital punishment debate is that so many people on both sides of the issue miss the point entirely. by John Gleeson November 17, 2005

Pot calls the kettle black: Relations between Canada and Iran have been in a downward spiral... equally politicized Ontario Court and judge-made-law make silly claim to jurisdiction over Iran's state oil company. In tit-for-tat will Iran's courts claim jurisdiction over PetroCanada? What's next in this taxpayer funded theatre of the absurd? October 31, 2005 National Post . see also-Canada's justice system beginning to look a lot like Iran's, says Peter McKnight January 24, 2005

Wrist-Slaps-R-Us There is no 'time' if you do the crime: Jail-less sentences common practice across Canada. Welcome to the wonderful world of Canadian justice, Edmonton Journal Sept 25, 2005

RCMP should investigate judicial appointments for corruption. Out of an estimated 20 or so lawyers who volunteered on the 2000 campaign, nearly half have since been named judges, Mr. Corbeil tells Radio-Canada , says Elizabeth Thompson April 22, 2005

Prof. Allan Hutchinson on Conflict of Interest Crackdown, Wed 02 Mar 2005

Canadian justice system on brink of imploding, says University College March 11 2005

Strange justice, by Candis McLean, January 31, 2005

Rush to Judgment, by Candis McLean April 12, 2004**UPDATE Justice Minister Frank Quennell, asked to reopened case in light of the new information says Candis McLean August 30 2004, No New Enquiry by Candis Mclean February 28, 200