Law Times

PAGE 16 JULY 28/AUGUST 4, 2008 / LAW TIMES Bizarre Tel: 416.322.6111 Toll-free: 1.866.367.7648 doprocess com www The Confidential Inside Story SCC DENIES BAKSH APPEAL The Supreme Court of Canada has turned down Toronto lawyer Kadir Baksh's bid for leave to ap- peal his conviction for unlawfully detaining a youth. Baksh was convicted in De- cember 2005 for unlawfully de- taining the eight-year-old son of a woman who had recently broken up with him. He and the child were missing for 11 days before being found on May 31, 1999 in bushes at York University. Baksh initially claimed he and the boy had been kidnapped, but later admitted that story was a fabrication. A Canada-wide arrest warrant had been issued and the Peel Regional Police led a vast manhunt, while media included Baksh's photo in extensive report- ing on the incident. Baksh, who was 49 at the time of the abduction, previ- ously appealed his conviction to the Ontario Court of Appeal, but his case was dismissed in February. He had argued that an agreed statement of facts from a mistrial should not have been admitted into evidence at his second trial. PROVINCE NAMES COURT DELAY ADVISORS The Ontario government is mov- ing ahead with its plans to cut down on the length of criminal trials, last week naming a panel of expert advisors to the file. "We're getting the best advice from all justice partners to target criminal court delays," said Attorney General Chris Bentley in a release. "We have assembled a team of authorities in several areas of criminal justice and I am looking forward to hearing their perspectives as we move toward faster, focused justice." Named to the panel were Ontario Court of Justice Associate Chief Justice Peter Griffiths, Sudbury police Chief Ian Davidson, criminal defense lawyer Joseph Di Luca, University of Toronto criminology Prof. Anthony Doob, National Judicial Institute senior director George Thomson, Legal Aid Ontario CEO Bob Ward, director of court operations for the central east region Lynne Wagner, and Mike Conry, director of management and operation support for Correctional Services. The panel members will give advice in their areas of expertise to help the province meet a target, set in June, of reducing the average days of court appearances needed to complete a criminal charge by 30 per cent over the next four years. YOUTH CRIME STATS RELEASED Statistics Canada reported last week that the number of youths aged 12 to 17 being admitted to youth corrections has dropped since the Youth Criminal Justice Act took effect. The department reported that, according to data from 11 jurisdictions, 63 per cent fewer youths were admitted to sentenced custody in 2005/2006 versus 2001/2002. The department said the decreased admissions are in line with YCJA objectives, which partially aim to address a perceived overuse of custody and divert youths who have committed minor offences away from the formal justice system. HIRES FOR BLG Borden Ladner Gervais LLP has announced new hires for its Ottawa and Toronto offices. In Toronto, counsel Marsha Gerhart will practise in the areas of securities and capital markets, and lawyer Stephanie Campanaro will practise in the firm's commercial real estate group. In Ottawa, partner Gregory Tereposky will practise in the firm's international group, in international trade law, and in commercial litigation; associate Derek de Vlieger will practise in the firm's international group, and in international trade law, and in commercial litigation; and associate Sarah Coristine will practise in estate and family law litigation and civil litigation. LT STG_05_LT_BaseBar 8/16/06 8:52 AM Page 1 For more Inside Story, please visit www.lawtimesnews.com "The new, streamlined environmental assessment and waste management approval procedure, O. Reg. 101/07, didn't approve." At Stewart Title, it's how we work that sets us apart. We deal in title insurance and related products, undertaking no part of the transaction that has traditionally fallen to legal professionals. Since our inception into the Canadian market, you will find that we have consistently combined comprehensive coverage with unparalleled support for legal professionals. We are dedicated to streamlining your practice and increasing your revenue through our programs and innovative technology solutions. At Stewart Title, we know it's our relationship with our customers that determines our success. That's why service is the foundation of our business and integrity, the keystone in all our dealings. Contact us today at (888) 667-5151 or visit www.stewart.ca. www.lawtimesnews.com ANYONE CAN BE A LESBIAN ATHENS — Following up on a story a few weeks ago in the Inside Story, readers will be ex- cited to know that a Greek court has essentially ruled that anyone can be a lesbian. The court dismissed a re- quest by three residents of the Aegean island of Lesbos to ban the use of the word lesbian to describe gay women, which they felt insulted their identity. The term lesbian was inspired by the ancient Greek poetess Sappho's love poems. Sappho was born in Lesbos. The ruling ordered the plain- tiffs to pay court expenses of 230 euros ($366.20). "This is a good decision for lesbians everywhere," Vassilis Chirdaris, lawyer for the Gay and Lesbian Union of Greece, told Reuters. "A court in Athens could not stop people around the world from using it. It was ridiculous." Several residents testified dur- ing the trial that the use of the word lesbian had brought recog- nition to the island and boosted its tourist trade. HALF BLOOD, HALF ALCOHOL PROVIDENCE, R.I. — A person who registers 0.491 per cent alcohol in their blood should by all rights be dead. Briefs By Viola James But Stanley Kobierowski was driving his car in such a state. According to police, Kobie- rowski, 34, drove into a highway message board on Interstate 95. Once police arrived on the scene, they had trouble getting the driv- er to get out of the car. Once out, he put up quite a fight. He was taken back to the police barracks and given a breath test, which showed his blood alcohol level at almost 50 per cent — the highest ever recorded in Rhode Island for someone who wasn't dead. The police then took Kobi- erowski to a hospital, where he was put in the detoxification unit and sedated, said Maj. Steven O'Donnell. "The person's lucky they sur- vived," said O'Donnell. "There's no doubt he would have gotten killed or killed someone if he had continued on the route he was taking." He faces charges of driving while intoxicated and resisting arrest. WHAT IS THE MEANING OF THIS ROSE? PHILADELPHIA, Penn. — Elizabeth Mateo woke up after having back surgery to find a temporary tattoo of a red rose on her belly. The woman in her 30s has now sued surgeon Steven Kir- shner, seeking punitive and compensatory damages. (The amount has not been reported but should be more than enough to cover some soap and a sponge to remove the tattoo.) "She was extremely emo- tionally upset by it," her law- yer, Gregg A. Shivers, told the Philadelphia Inquirer. The surgeon does not deny placing the tattoo and has left removable marks on patients before to improve their spirits, his lawyer, Rob- ert Agre told the newspaper. So far, no complaints. No damage was done, the complainant insists. Mateo didn't suffer anything like a New York woman who in 1999 woke up after delivering her baby by Caesarean section to find her doctor had carved his initials into her abdomen. WOMAN GETS WIGGY LONDON, England — Norwe- gian customs officers at Vaernes airport, near Trondheim, thought that a woman coming through the airport seemed to have just a little too much going on in the hair department. The officers decided to take a closer look at the unnamed 32-year-old British woman and uncovered a bag filled with white powder glued to her head. Police believe it to be more than a kilogram of cocaine, but are awaiting test results to confirm what the substance was. A statement from the coun- try's customs service said: "A customs official thought the woman had a lot of hair and found a kilo of cocaine." The woman admitted smug- gling drugs but said she didn't know what kind of drugs they were. LT

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