Law Times

Page 16 August 5, 2013 Law Times • u The u Bizarre Briefs InsIde story By Viola James SUSPECTED SPY BIRD FREED ALTINAYVA, Turkey — Turkish authorities detained a bird on suspicion it was spying for Israel, but freed it after X-rays showed it was not embedded with surveillance equipment, according to newspaper reports. The kestrel aroused suspicion because of a metal ring on its foot carrying the words "24311 Tel Avivunia Israel," prompting residents in the village of Altinayva to hand it over to the local governor. The bird was put in an X-ray machine at a university hospital to check for microchips or bugging devices, according to the Milliyet newspaper, which carried a front-page image of the radiogram with the title "Israeli agent." Ties between Turkey and Israel, long military allies, have been tense since May 2010 when Israeli commandos killed nine Turkish activists aboard the Mavi Marmara, a ship in a Turkish-led convoy seeking to break a naval blockade of the Gaza Strip. — Reuters PRESIDENT, OTHER POLITICIANS NOW EQUAL UNDER RUDENESS LAW PARIS — Being rude to the French president is no longer an offence after parliament agreed to amend legislation dating back to 1881 in favour of freedom of speech. Whereas before any rude remark risked an automatic fine for "offending the head of state," the president is now reduced to the same category as ministers and parliamentarians and would need to have a judge prove there had been slander or defamation. The change came after the European Court of Human Rights ruled in March that France had violated a demonstrator's right to freedom of expression when it fined him for holding a banner up to former president Nicolas Sarkozy reading: "Get lost, jerk." That slogan has been infamous in France since Sarkozy used the same words in 2008 to insult a man in a crowd who refused to shake his hand and the court judged that left-wing activist Herve Eon was being satirical with his protest banner. It said his conviction and 30-euro ($40) fine were out of proportion to his protest and that his right to freedom of expression had been violated. Anyone found by a judge to have slandered the president still runs the risk of a fine of up to 45,000 euros. — Reuters TOWN'S LUGGAGE JOB SCHEME FOR ASYLUM SEEKERS THWARTED Schwäbisch Gmünd, Germany — A German town has halted a scheme offering asylum seekers 1.05 euros an hour to carry luggage at a station after rail operator Deutsche Bahn refused permission due to a public outcry and criticism that the project harked back to colonial times. The southern German town of Schwäbisch Gmünd started the scheme for nine asylum seekers to help passengers get up a steep flight of metal steps erected at the station due to construction work. The mayor originally said he hoped the program would help the integration of the town's 250 asylum seekers, but pictures of the refugees, mostly from African nations, in bright red T-shirts and straw hats unleashed an outcry. Complaints about the hourly rate, about eight times below the level German politicians cite for a minimum wage, poured into the mayor's office and sparked a Facebook campaign. Deutsche Bahn said it hadn't been aware of the conditions and would pay its own employees their normal rate to do the job. A spokesman for Schwäbisch Gmünd told Reuters the conservative mayor was disappointed at Deutsche Bahn's decision and blamed misplaced political correctness. He added that the 1.05 euros wasn't a wage as such, as asylum seekers are not allowed to be employed, but is the maximum amount possible to give them under the asylum seekers law. — Reuters LT MACKAY, MCLACHLIN TO SPEAK AT CBA Recently appointed Justice Minister Peter MacKay will attend this year's Canadian Bar Association conference in Saskatoon. MacKay will deliver a speech at the opening plenary of the conference on Aug. 18. He'll also take part in a dialogue with CBA members on Aug. 19, the CBA announced. Also in attendance at this year's conBeverley McLachlin ference will be Chief Justice Beverley McLachlin and official languages commissioner Graham Fraser. McLachlin will address the CBA council on Aug. 18 and hold an informal media briefing the same day. Fraser, whose address will take place Aug. 18, will release a study on bilingualism and the judiciary, according to the CBA. CLINIC FUNDING CUT REVERSED Legal Aid Ontario has rescinded a decision to reduce legal clinics' core funding by $1 million for 2013-14. LAO "is very pleased to announce that with the co-operation and support of the Ministry of the Attorney General, additional funds have been secured which will be used to rescind the previously announced clinic budget reductions for the current fiscal year," the organization announced July 26. In early July, LAO advised clinics that while it was increasing their overall funding by $3.15 million, the new money in fact related to $4.15 million for technology upgrades. In turn, it was reducing their core funding by $1 million, a move that prompted an outcry from legal clinics. GEORGINA LAWYER DISBARRED A Law Society of Upper Canada hearing panel has disbarred a Georgina, Ont., lawyer over financial concerns. The panel found Jennifer Georgina Ann White engaged in professional misconduct for, among other things, misappropriating funds in her mixed trust account held on behalf of client M.N. and failing to co-operate with seven law society investigations by not responding to at least 15 letters. On July 15, the panel revoked White's licence and ordered her to pay costs of about $23,000. 'IRRATIONAL' COMPLAINTS INCREASE The Canadian Judicial Council is seeing a significant increase in complaints about judges it deems to be an abuse of process or clearly irrational, according to the organization's annual report released late last month. "There has been an increase in the number of files deemed by the executive director to be an abuse of the complaints process or 'clearly irrational,' pursuant to the complaints procedure," according to the 2012-13 annual report. In fact, it sent 34 such letters in the most recent year compared to 28 in 2011-12 and eight in 2010-11. In one case, an individual wrote to the council in 2003, 2004, 2005, 2010, 2011, and 2012 with concerns about a disputed land ownership matter. In his letters, he made "vague allegations of fraud and conspiracy on the part of various lawyers and judges" and sent the CJC various court documents, according to the annual report. "It was unclear what he wanted council to do with these documents," the report states. "In light of our history of exchanges, council's numerous attempts to clarify our mandate and the writer's continual submission of court documents without any credible or clear complaint, we advised the individual that his correspondence constituted an abuse of the complaints process and that we would be taken [sic] no action." Besides the complaints detailed in the report, the council also saw a significant increase in correspondence with complainants on files that may or may not lead to a formal review by the judicial conduct committee. During the most recent year, it sent 233 letters to people seeking clarity on its mandate or who were expressing dissatisfaction or complaints. That was up from 163 in 2011-12; 114 in 2010-11; and 83 in 2009-10. 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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