Law Times

February 2, 2009

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A. NEUMAN ASSOCIATES INC. From Marriage Contracts Forensic Accounting & Damages Quantifi cation Specialists To Divorce Judgments and Everything in Between Visit www.divorcemate.com today! DMOne lug_LT.Feb.09.indd 1 $3.55 • Vol. 20, No. 4 1/29/09 3:17:39 PM Covering Ontario's Legal Scene CCLA calls for independent investigation Agent allegedly posed as lawyer A BY ROBERT TODD Law Times lawyer who alleges that an immigra- tion enforcement officer imperson- ated him to locate and deport his client wants the government to repudiate such tactics, which he says could hamper counsel's ability to communicate with clients. "I was stunned. I'd never heard of [Cana- da Border Services Agency] doing anything like this in the past," says Joel Sandaluk, adding he was "amazed" to hear the claim that his "name had been used to lure some- one out of hiding." Meanwhile, the Canadian Civil Liberties Association says an independent investiga- tion should be conducted. The lawyers involved in the case say they are considering their legal options. Sandaluk says he felt violated when he heard of the apparent impersonation. The officer's alleged actions threaten his ability to ply his trade, he adds. "In the legal profession we all trade on our names," he says, adding if his name has been "used in this way [it strikes] me as be- ing extremely dishonest. It also, in my opin- ion at least, will have a chilling effect on my ability to meet with my clients." A spokeswoman for CBSA did not re- spond by press time to Law Times' request for comment. Sandaluk's partner Guidy Mamann, who took over handling the case, says he spoke with the officer involved in the allegations, and he denied the claim. In an affidavit sworn just prior to his deporta- tion, Fabricio Campos alleged that he received a Joel Sandaluk says he was 'stunned' when he heard the allegation an immigation enforcement officer impersonated him. call on his cell phone one morning last month from a caller who identified himself as "Joel," and Campos assumed it was his lawyer, Sandaluk. Campos said his wife, Marta Sousa, had been arrested the previous day on immigration charg- es, and had called Sandaluk for legal advice. The caller said he wanted to take Campos to see his wife, and Campos gave his location at a friend's home so they could meet, read the affidavit. "I asked him twice if it was safe for me to see my wife since immigration authorities were also looking for me," wrote Campos. "He assured me that I wouldn't be detained." About 10 minutes later, said Campos, he went to the lobby of the building where he was staying to meet Sandaluk. Instead, he said, "Waiting in the hallway right outside the apartment was two immigration officers, a male and a female." The officers then arrested him, said Cam- pos, adding that he believed the male offi- cer was the person who he thought on the phone was his lawyer. "The male officer's voice was identical to the caller who identified himself to me as 'Joel' a few minutes earlier," wrote Campos in the affidavit, dated Jan. 15. "Now I cannot be sure that the person who calls me and identifies himself as a law- yer is actually a lawyer and not a law enforce- ment officer," he said. Mamann says Campos has since been de- ported to Brazil. He adds that, while his cli- ent's prospects for returning to Canada are poor, "The issue that has arisen is much big- ger than the personal circumstances of Mr. Campos. I'm not sure the bar is ready to see law enforcement officers running around pretending to be specific lawyers. I think that would really create chaos." Alan Borovoy, general counsel for the CCLA, says while it's unclear just what hap- pened between Campos and the immigration officer, the allegation must be addressed. "We would regard the impersonation of a person's lawyer as quite a substantial See It's, page 3 'Risk-based' approach defies definition BY TIM NAUMETZ For Law Times OTTAWA — The Justice Depart- ment is unable to explain an ob- scure reference in the recent federal budget that announces it will imple- ment a "more risk-based" approach to using its legal resources to save money within government. by the budget statement, and say tied-up family courts desperately need instead significant additions to their bench strength and more legal aid to help the growing num- ber of divorcing parents who are forced to represent themselves. The little-noticed statement on page 276 of the Jan. 27 budget explains only that the department austerity program launched by the Harper government following a previous budget. "Through its strategic review, Justice Canada assessed all areas of its operations to find ways to im- prove service delivery and stream- line processes in developing policies, laws, and programs to maintain Canadians' confidence in our justice Justice Canada is changing the way legal services are delivered across government by implementing a more risk-based approach in using legal resources. The vague announcement in the Jan. 27 budget also promised the department would shift the savings into family law programs Justice Minister Rob Nicholson announced last September, which themselves have not yet been introduced. Family law counsel are perplexed intends to save $19.5 million over the next three years as part of a government-wide initiative to cut costs by streamlining or reducing departmental operations. The Justice Department con- ducted an internal review of its spending through 2008 under an system," the budget document says. "Justice Canada is changing the way legal services are delivered across government by implement- ing a more risk-based approach in using legal resources," it adds. "The savings generated by Justice Canada will be used to strengthen and improve access to the family justice system by assisting families seeking information on their legal rights and obligations." Lawyers say the budget refer- ence to family assistance is also vague, offering no explanation or information to flesh out family law commitments Ottawa made last September. A department spokesperson did not explain in response to e- mailed questions from Law Times what the department meant by using the term "risk-based" to de- scribe the new approach it intends to take to provide legal services to other government departments. "The reallocations that are part of the budget announcements are currently being reviewed by the de- partment," said Carole Saindon, a See More, page 2 Focus On Family Law/ Trusts & Estates Quote of the week "They think it's Judge Judy, like it is on television but when they get here they find there are rules of evidence and pro- cess, and it can't be resolved in half an hour. It takes time. I've had litigants say if they have to take another day off work to come to court, they're going to lose their job and that's true." –– Justice Harvey Brownstone See Family, page 15 Taming Mega-trials 10 Bail Hearing Bans 6 Turn Crisis into Opportunity IFAccountant.com (416) 223-5991 Neuman_LawTimes.indd 1 February 2, 2009 12/9/08 11:12:30 AM Inside This Issue 3 Tel: 416.322.6111 Toll-free: 1.866.367.7648 www.doprocess.com Industry leader in legal software for real estate, corporate and estates for over a decade www.lawtimesnews.com

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