Law Times

January 26, 2009

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PAGE 2 Ferguson report provides guidance Continued from page 1 O'Connor, think about the overall relevance of the records to the case at hand. Once that's been determined, said the court, the next step is a breeze. "It may be useful to pose the question in this way: if the third-party record in question had found its way into the Crown prosecutor's file, would there be any basis under the first-party Stinchcombe disclosure regime for not disclos- ing it to the accused? If the answer to that question is no, there can be no principled reason to arrive at a different outcome on the third-party production application," stated the court. But the decision went on to note that production orders may need to be subject to redactions and other restrictions to meet privacy guarantees. "That is not to say, however, that residual privacy inter- ests in the contents of criminal investigation files should be disregarded," the court stated, later adding that courts "should ensure that a production order is properly tailored to meet the exigencies of the case but do no more." The decision also singles out George Ferguson's January 2003 report, titled "Review and Recommendations Con- cerning Various Aspects of Police Misconduct," as required reading for police. "The kinds of information listed in the Ferguson report can provide useful guidance on those types of matters in respect of which a police force may well be advised to seek the advice of Crown counsel," it stated. Ian Roland, who acted as counsel for the intervener Po- lice Association of Ontario in the case, says the court has provided some crucial guidance with McNeil. But he points to one fear: it may lead to an over-production of police discipline and criminal records. "Crowns are very busy, there's a lot of work and work pressure bearing down on Crowns all the time," he says. "The concern is they won't take the time to go through a sophis- ticated or detailed consideration of matters — with respect in particular to the officer's privacy interest — just out of the sheer volume of work and not having the time or inclination to go through the exercise will default to disclosing materials that they shouldn't disclose. That's the risk." LT NEWS January 26, 2009 • Law Times Tough economy hits firm's staff BY ROBERT TODD Law Times called a proactive step to minimize the impact of economic woes. "Thirty-eight staff members C from various administrative depart- ments and practice groups were af- fected and notified this morning," read a Jan. 20 release from the firm. At press time, Law Times was un- able to contact managing partner Mark Young to confirm whether the layoffs included lawyers. "This is not an easy step or one assels Brock & Blackwell LLP has sent packing 38 of its staff in what the firm that we are taking lightly," said Young in the release. "However, over the past few years, our firm experienced exceptional growth which allowed us to keep pace with extraordinary cli- ent requirements during a period of unprecedented economic expansion and activity." Young went on to say the firm "will not be immune to the effects of the current global recession or the financial impact it is likely to have on the legal industry in 2009." Young continued, "This business reality makes it only prudent for us to realign our administrative structure to our anticipated needs having regard to the existing market conditions. This will allow us to maintain the leader- ship position we have earned and to continue to provide the highest level of cost-effective services to our clients going forward in an increasingly com- petitive business environment." The decision to cut staff levels was made during executive committee business and operations planning for the year ahead, said the firm. The lay- offs bring Cassels Brock's workforce to 498 people, and no more job cuts are expected, said the firm. The firm said the laid off staff will receive "a generous severance pack- age and access to outplacement sup- port to assist with [the] transition to new employment opportunities." LT LSUC to host top Obama adviser BY ROBERT TODD Law Times Black History Month celebrations. The LSUC last week announced that Dennis T Wayne Archer, currently chairman of Detroit law firm Dickinson Wright and former mayor of Detroit, will deliver an address Feb. 5 at an event co-hosted by the Canadian Association of Black Lawyers. He is expect- ed to talk about what it was like to walk the campaign trail with the country's future first black president. Archer is "well known as a legal and political trail- blazer," said the LSUC. He became the first African American president of the American Bar Associa- tion in 2003-2004 and the State Bar of Michigan in 1984-1985, and served as president of the National Bar Association in 1983-1984. he Law Society of Upper Canada will wel- come a top U.S. lawyer and campaign adviser to U.S. President Barack Obama during its He was National Democratic Party general co- chairman from 1999 to 2000, and Democratic Con- vention platform committee co-chairman in 1996. Archer's legal career includes a stint as associate professor at the Detroit College of Law and adjunct professor at Wayne State University Law School. He went on to act as Associate Justice of the Michigan Supreme Court. Ebony magazine has named him one of the "100 Most Influential Black Americans," National Law Jour- nal included him in its "100 Most Powerful Attorneys in the United States," and Newsweek named him one of the "25 Most Dynamic Mayors in America" in 1996. The reception is set to take place Thursday, Feb. 5 at Convocation Hall, from 6 p.m. to 8 p.m. Admis- sion is free, but registration is requested by calling 1-800-668-7380, ext. 3413, or by sending an e-mail to rticzon@lsuc.on.ca. The event is part of the LSUC's public education series. LT MEET OUR NEWEST EMPLOYEES Our corporate search and registration and corporate supplies staff, formerly of Dye & Durham, are now located at 1 Adelaide Street East, Suite 600, Toronto. Known for their willingness to help, they're ready to provide answers and direction to get you the information you're looking for. Access their expertise online or by phone and please update your files with their new address. Contact us at: 1 Adelaide Street East, Suite 600, Toronto ON M5C 2V9 Phone: 416-595-7177 / 1-800-668-8208 Fax: 416-595-1268 / 1-800-667-3146 ©2009 Teranet Enterprises Inc. Teranet and the Gateway design are registered trademarks of Teranet Inc. Dye & Durham is a registered trademark of The Cartwright Group. All rights reserved. Untitled-1 1 www.lawtimesnews.com 1/20/09 2:24:07 PM

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