Law Times

November 17, 2014

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Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation )BSECPVOEȕ1VCMJTIFE'FCSVBSZFBDIZFBS 0OTVCTDSJQUJPOȕ- 0OFUJNFQVSDIBTFȕ- .VMUJQMFDPQZEJTDPVOUTBWBJMBCMF 1SJDFTTVCKFDUUPDIBOHFXJUIPVUOPUJDF]UPBQQMJDBCMFUBYFTBOETIJQQJOHIBOEMJOH CANADIAN LAW LIST 2014 :063*/45"/5$0//&$5*0/50$"/"%"Ȏ4-&("-/&5803, ȕ BOVQUPEBUFBMQIBCFUJDBMMJTUJOH ȕ DPOUBDUJOGPSNBUJPO ȕ MFHBMBOEHPWFSONFOUDPOUBDUJOGPSNBUJPO .03&5)"/"1)0/�, CLLdir_LT_Oct6_14.indd 1 2014-09-30 9:25 AM MANDATORY MINIMUMS Hypotheticals key to judicial oversight p7 Sgt. Darnell Leader, a skirmisher from the Queen's Own Rifles, stands vigil at the Second World War memorial in the rotunda at Osgoode Hall as part of the Law Society of Upper Canada's First World War centenary ceremony on Monday. The ceremony included an honorary call to the bar for law students killed during the 1914-18 conflict. See story on page 4. Photo: Robin Kuniski PM #40762529 TORONTO | BARRIE | HAMILTON | KITCHENER 1-866-685-3311 | mcleishorlando.com cLeish Orlando_LT_Jan_20_14.indd 1 14-01-15 3:15 PM $4.00 • Vol. 25, No. 37 November 17, 2014 e: ssoil@docudavit.com www.docudavit.com Closed File Storage SAVE YOUR FIRM MONEY With Our Secure and Cost Effective, Easy to Access Closed File Scanning & Storage Solutions. Call Us, We Will Help You! ntitled-1 1 2014-10-21 8:13 AM L aw TIMEs L aw TIMEs Honorary call to the bar CBA undergoing major 'rethink' By yamri Taddese Law Times comprehensive soul- searching is underway at the Canadian Bar Associa- tion as the organization at- tempts to find ways to become more relevant to lawyers. The massive review, triggered by declining membership and "a rel- evance gap," will have the CBA ask itself big questions like what it stands for, what it should stand for, and how it should execute its mission. The review will look at every- thing from the governance, organi- zational, and financial structures of the organization to the kinds of ser- vices it provides to lawyers. CBA president Michele Hollins says that at a time when the legal pro- fession is undergoing major changes, "we, too, as an organization should be taking a look at what we're doing." The CBA went through what Hol- lins calls a brand audit that showed the organization could be doing more to be more relevant to lawyers. Hollins also says the CBA has had "a steady but slight decline in member- ship" recently in addition to drawing smaller crowds to some of its legal conferences. "People are looking for, I think, more tailored, specific products and See Lawyers, page 2 Do nnelly, Nordheimer found "that it is not the appropriate sentence by a wide margin." The judge found the miti- gating factors in the case, in- cluding the limited weight put Judge finds creative way around mandatory jail time See Mandatory, page 2 By yamri Taddese Law Times uperior Court Justice Ian Nordheimer came up with an appropri- ate mandatory mini- mum sentence in a recent child pornography case, but in a twist that has the criminal bar talking about his creative ap- proach, he decided the defen- dant wouldn't serve it in jail. After finding the matter before him was "a real-life ex- ample of the problems that are inherent in mandatory mini- mum sentences," Nordheimer ordered a conditional sentence due to breaches of the Charter of Rights and Freedoms against the defendant whose mental health had deteriorated. "Mandatory minimum sentences can clash with the core function of sentencing, as it is understood and applied in this country. That clash arises in this case because of the rare and unusual circumstances that are presented," wrote Nordheimer in R. v. Donnelly. The defendant, 30-year-old Brandon Donnelly, pleaded guilty to editing 74 films that featured naked teenage boys as an employee of a company that sold the videos over the Internet. Donnelly argued he didn't know the films were illegal as his employer always maintained they were lawful. Although the Crown sought seven years in prison for 'Respect for the law isn't just restricted to punishment; it is restricted to a just penalty,' says Howard Rubel. S A 'It seems like there isn't much strategic direction as perhaps should be,' says Mark Hayes. LAWPRO INDEMNITY Insurer ordered to cover lawyer's victims p3 FOCUS ON Environmental Law p8 Photo: Pan Xunbin/Shutterstock

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