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May 26, 2014

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CCLA calls for new law on non-conviction records BY Yamri Taddese Law Times anadian lawmakers should create a law to ban "alarming" disclo- sures of non-conviction information through police record checks, the Canadian Civil Liber- ties Association says. A CCLA report showed there's "a patchwork" of laws across Can- ada on what should and shouldn't turn up in records checks. e situation has resulted in disclo- sure of dropped charges, acquit- tals, mental-health apprehensions, and even casual contacts by police to employers and schools that re- quire a background check, accord- ing to the report. "From a civil liberties perspec- tive, it's extremely alarming," says CCLA general counsel Sukanya Pillay. e report notes more and more employers are relying on criminal background checks to ensure workplace safety and avoid liabilities. But according to the CCLA, information handed over to employers o en breaches pri- vacy, human rights, and employ- ment laws. " is growing reliance on po- lice record checks has signifi cant collateral consequences that are damaging on multiple fronts," the report says. "On a personal level, individu- als who have paid their debt to society fi nd that they are facing years of social and economic ex- clusion. ose who called 911 for medical assistance or faced base- less allegations are being excluded from school, denied employment and isolated from their communi- ties on the basis of old non-convic- tion records and police contact." Pillay is calling for overarching legislation as she says it's unrealis- tic to expect the private sector to restrict the scope of its background searches or fi lter out the kind of in- formation deemed inappropriate for viewing. According to the report, there's little evidence the growing reli- ance on criminal background checks will result in increased safety. "Our interviews also re- vealed a general perception that a police record check is a use- ful risk-mitigation tool — that THE MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS More detail and a wider scope of legal contact information for Ontario than any other source: ȕ0WFS27,000 lawyers listed ȕ0WFS9,000 law firms and corporate offices listed ȕ'BYBOEUFMFQIPOFOVNCFSTFNBJMBEESFTTFTPGȮDFMPDBUJPOTBOEQPTUBMDPEFT Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation 1FSGFDUCPVOEȕ1VCMJTIFE%FDFNCFSFBDIZFBSPOTVCTDSJQUJPOȕ0OFUJNFQVSDIBTF- .VMUJQMFDPQZEJTDPVOUTBWBJMBCMF1SJDFTTVCKFDUUPDIBOHFXJUIPVUOPUJDFUPBQQMJDBCMFUBYFTBOETIJQQJOHIBOEMJOH O N TA R I O L AW Y E R' S P H O N E B O O K Untitled-3 1 14-05-20 3:25 PM Law office of the future TREASURER HOPEFULS Three prominent lawyers seeking top job P5 STATUS HEARINGS Speeding up court can make things worse P7 FOCUS ON Criminal Law P9 Steve Martin of international design firm Gensler demonstrates the teaming room as part of the law firm of the future exhibit at the Association of Legal Administrators conference in Toronto last week. With a focus on mobility, technology, and adaptability, the model includes options for firms to reduce their office footprint while addressing the needs of younger lawyers with less interest in big offices and paper storage and responding to trends such as having more contract staff who are more likely to work remotely and occasionally need to use rooms like this. Photo: Glenn Kauth See Appeals, page 2 See Control, page 2 There's no consistency among police forces on what information they'll share, says Daniel Brown. PM #40762529 TREASURER HOPEFULS Three prominent lawyers seeking top job & $#&!&jmmm$cYa[bbWh$Yec ntitled-4 1 12-03-20 10:44 AM $4.00 • Vol. 25, No. 18 May 26, 2014 Follow LAW TIMES on www.twitter.com/lawtimes L AW TIMEs L AW TIMEs C Mandatory retirement at law firms upheld BY daVid dias Law Times andatory retirement provisions within partnership agreements don't violate labour or human rights laws, the Supreme Court of Canada ruled on ursday in Mc- Cormick v. Fasken Martineau DuMoulin LLP. e highly anticipated ruling stems from a hu- man rights complaint by then-64-year-old Vancou- ver lawyer Mitch McCormick, who wanted to con- tinue working as an equity partner at Faskens. e fi rm's partnership agreement required him to divest his stake in Faskens when he turned 65. McCormick argued before the B.C. Human Rights Tribunal that the retirement provision in Faskens' partnership agreement constituted age discrimination. Faskens moved for a dismissal, insisting McCor- mick, as an equity partner, wasn't entitled to protec- tions aff orded to employees under the province's Human Rights Code. e tribunal ruled otherwise. It concluded Mc- Cormick was indeed in an "employment relation- ship" and, as such, the fi rm couldn't force him to retire. e B.C. Court of Appeal later granted leave and struck down the tribunal's decision. M

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