Law Times

Page 16 July 8, 2013 Law Times • u The u Bizarre Briefs InsIde story By Viola James PRISONER LOSES BID FOR DEATH PENALTY SALEM, Ore. — In a strange twist, a death-row inmate is arguing it's cruel and unusual punishment to give him a reprieve from execution. A condemned murderer who tried to seek his own death warrant after Oregon's anti-death penalty governor stopped all executions in the state can't reject that reprieve, the Oregon Supreme Court has ruled. Democratic Gov. John Kitzhaber, in a major salvo in the nation's long-running battle over capital punishment, issued a blanket reprieve to all 36 prisoners on Oregon's death row in November 2011, saying he'd allow no more executions on his watch because he believed the death penalty was morally wrong. But according to Reuters, Kitzhaber, a former emergency room physician, stopped short of permanently commuting the sentences, saying the state's law on capital punishment wasn't his alone to decide. That move came just a month before the scheduled execution of Gary Haugen, a man convicted in two brutal killings who responded by suing to seek his own death warrant. Haugen argued he didn't want to live in limbo under an indefinite and impermanent reprieve, and a lower court ruled he could reject it. But the state's highest court overturned that decision. The opinion by Oregon Chief Justice Thomas Balmer found that "nothing inherent in the word 'reprieve' requires the recipient's acceptance for the reprieve to be effective." The court, in a ruling welcomed by Kitzhaber, also rejected Haugen's argument that the temporary nature of the reprieve created uncertainty that constituted cruel and unusual punishment. "I renew my call for a re-evaluation of our current system that embraces capital punishment, which has devolved into an unworkable system that fails to meet the basic standards of justice," Kitzhaber said in a statement. According to Reuters, Oregon has executed only two people in the last 50 years, one in 1996 and one in 1997. Both took place during a prior Kitzhaber administration, something he has said was deeply troubling to him. The court convicted Haugen of killing his girlfriend's mother in 1981. It later convicted him and another prisoner in relation to the 2003 killing of another inmate while Haugen was serving his sentence for the first murder. NAKED TRANSIT GYMNAST CHARGED SAN FRANCISCO — A trained gymnast whose naked acrobatics and harassment of passengers at a San Francisco public transit station are circulating widely on the Internet is facing criminal charges over his antics. According to Reuters, video images show a man doing handstands and contortions on turnstiles and front flips off a concrete newsstand — all in the nude — at a Bay Area Rapid Transit District station on May 10. Video that drew more than half a million hits on YouTube shows dozens of people watching idly or ignoring the man as he accosted at least three passengers during his gymnastics routine. Police have since arrested him on charges including felony false imprisonment, misdemeanor battery, and misdemeanor sexual battery. The accused, Yeiner Alberto Perez Garizabalo, 24, was a member of the ClownSnotBombs Circus, an acrobatic performance troupe in Berkeley, Calif. He dropped out of the group shortly before the transit station incident. Garizabalo's "memory of the incident . . . does not match what happened in the video," Kristen Parks and other members of ClownSnotBombs said in an e-mail to Reuters. "When asked to describe what he remembers in his own words, he describes being in a play where everyone was actors. [He] does not remember attacking anyone," she said, adding that the troupe believes Garizabalo may be suffering from a psychological disorder. LT "So! It's decided. The most efficient way to address the issue of gender imbalance on this board is for the most junior partner to self-identify as female." JOHN NORRIS NAMED LITIGATOR-IN-RESIDENCE Criminal defence lawyer and civil rights advocate John Norris is the David Asper Centre for Constitutional Rights litigator-inresidence for the fall of 2013. As part of the arrangement, Norris will teach constitutional advocacy at the centre's clinic at the University of Toronto Faculty of Law. John Norris During his time there, the Toronto-based criminal lawyer will draw from his "extensive experience advocating for the Charter rights of his clients," the university said. In addition to mentoring students in their clinic work, Norris will also give a public lecture at the law school. "I have a long-standing affiliation with the U of T law school," Norris said. "I am a graduate of the school and I've been teaching there for more than 15 years. One thing I've found personally rewarding about my work at the law school is that it allows me to bring my practice into the academic environment. This opportunity is another great chance to do that." Norris has provided services to the centre on pro bono basis in the past, said executive director Cheryl Milne. "We are very pleased to work with him again and to give the students more time to learn from his extensive experience." INSURANCE REQUIRED FOR QUEBEC LAWYERS Lawyers who are members of the Barreau du Québec and any other jurisdiction in Canada will have to have liability insurance coverage in both provinces in order to practise in Ontario, according to the Law Society of Upper Canada. Convocation approved the insurance requirement as part of the national mobility agreement on June 27. The requirement will mean additional costs for Quebec lawyers who are also members of another law society under the agreement. The additional coverage is necessary because the barreau's insurance plan for lawyers doesn't cover them for complaints they receive while acting in their role as members of another law society. Ontario lawyers working in Quebec won't have to maintain separate liability insurance from the bar in that province. "While the committee recognizes that this approach imposes additional costs on the lawyers and would require a different approach to the insurance issue for mobility to and from the barreau than exists for mobility between and among the other jurisdictions, it agrees that the public interest benefits of this approach are the paramount consideration," the law society's interjurisdictional mobility committee wrote in a report. IACOBUCCI APPOINTED TO RING OF FIRE TALKS Former Supreme Court justice Frank Iacobucci will represent the Ontario government as lead negotiator in discussions with the chiefs of the Matawa Tribal Council on the mineral exploration project known as the Ring of Fire. The Ring of Fire, located 540 kilometers northeast of Thunder Bay, Ont., is a mineral-rich region with the largest deposit of chromite in North America. Chromite is a key component of stainless steel. Former Liberal MP Bob Rae will also participate in the discussions as lead negotiator for the chief of the Matawa Tribal Council. Environmental protection, resource revenue sharing, and infrastructure planning will be some of the topics raised in the talks. Iacobucci will report directly to Michael Gravelle, minister of northern development and mines. "The province is taking a smart, sustainable, and collaborative approach to resource development in the Ring of Fire. We want development to deliver social and economic benefits for all Ontarians while collaborating with First Nations and ensuring environmental responsibility," said Gravelle. "I am confident that Mr. Iacobucci will help ensure that everyone benefits from the economic and social opportunities of this unprecedented natural resource." LT CANADIAN LAW LIST 2013 YOUR INSTANT CONNECTION TO CANADA'S LEGAL NETWORK Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation Inside you will find: MORE THAN A PHONE BOOK Untitled-1 1 www.lawtimesnews.com 13-07-05 10:03 AM

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