Law Times

PAGE 2 NEWS may 11/18, 2009 • Law Times Toronto Crowns' office work is 'challenging' Continued from page 1 and enthusiasm in their work. She also spent nine months in 1999 arguing cases at the Ontario Court of Appeal. McGoey says she enjoyed parent's and life at her in Muskoka, had cottage long dreamed of spending more time in the area. She followed that urge in 2000, moving she and her two children there to work as an assistant Crown. She spent her fi nal two years as the offi ce's acting Crown Attorney. "Th e bar up there is quite a collegial one," she says. "It was a wonderful experience being in Muskoka. You get to do all as- pects, all cases. So it was a really positive part of my career." But memories of her time spent at Old City Hall pulled McGoey back to her hometown to replace Culver, her former boss. She recalls the infl uence Culver had on her development your GREEN PRODUCTIVITY source N as a prosecutor, and the platform Toronto provided for growth. "Paul was terrifi c at letting develop us the child abuse team, the domestic abuse team," she says. "Old City Hall, they've gone on with the Men- tal Health Court, the Gladue Court, the Drug Court. So it's a big enough scale that you can be responsive to diff erent areas, and develop expertise. And as a Crown attorney you can vary your experience and learn a lot about diff erent things." McGoey admits, however, that the bustling offi ce presents its fair share of challenges. Th e question is, "How can we be responsive to the caseload, the seriousness of many of the cases, and still be effi cient as we go about our business? So, we've got those kinds of pressures." Luckily, she notes, the offi ce attracts talented Crown attor- neys, but they require mentor- ship early in their careers. "I guess what I'm looking EPP At Dye & Durham we are committed to the principle of sustainability and endeavor to offer an extended range of environmentally friendly products & services, without compromising quality, performance and value for our customers. E &DURH PREFERRED SUPPLIER S A 1-888-393-3874 I N CE 1 9 9 Fax: 1-800-263-2772 dyedurhambasics.ca D&D_LT_May11/18_09.indd 1 5/6/09 3:23:36 PM C forward to is fi guring out the best structure to respond to the volume and the types of cases that we have, and still be able to service, as we have with the spe- cialized courts, specifi c popula- tions and really do appropriate responses to people with those kinds of challenges," she says. As the Crown attorney, Mc- Goey will assign murder prosecu- tions, and may make decisions on funding for expert witnesses, consulting on more serious cases, and supervising staff , looking into education opportunities for staff , and liaising with judges to consider areas for improvement. McGoey joins lawyers such as current Etobicoke Crown Attorney Sarah Welch, former Etobicoke Crown attorneys Ontario Assessment Legislation 2009 This consolidation, offers the most thorough collection of laws available for this complex area. Legislation covered includes: • • • • • • • • • • • • • • • • • and regulations (updated April 1, 2009) and the Assessment Review Board Rules of Practice and Procedure (selected sections) and regulations (selected sections) (sections 305 to 389) and regulations and regulations and regulations (selected sections) and regulation • Rules of Civil Procedure, Rules 30, 31 and 53.08 (selected sections) ORDER your copy today Perfectbound • 760 pp. • May 2009 Standing order $69 • P/C 0836140000 Current edition only $79 • P/C 0836010000 Multiple copy discounts available • ISSN 1198-3612 Cathy Mocha and Donna Arm- strong, and former Scarborough Crown attorney Mary Hall in a select list of women who have led a Toronto area Crown offi ce. Hours before her interview with Law Times, McGoey had lunch with Barboura Ferns, Ontario's fi rst woman assistant Crown, who has provided over 35 years of service and plans to retire this year. McGoey says Ferns paved the way for she and other women Crowns. "By now, we have a huge num- ber of female women Crown at- torneys throughout the province and in this offi ce," she says. "So it's exciting, and the downtown offi ce I have a real affi nity for. I guess I would say it's about time when you see all of them out there. But it is also just a wonder- ful thing, and I'm excited by it." McGoey says the job as a Crown prosecutor attracts women because of the nature of the work, and the fl exibil- ity and benefi ts off ered by the Ministry of the Attorney Gen- eral. She notes that there likely are more female than male as- sistant Crowns currently in the downtown offi ce. "Th e work is interesting and challenging, and I think that the ministry is very good at of- fering opportunities to women, and there is an ability to have a maternity leave and a paternity leave, so you can balance it," she says. "You are able to have a year with your child if that's what you do, and balance that." Bentley says that McGoey be- coming the fi rst woman in the role "is an important, historic event." But he adds, "I would want to emphasize that she was appointed as the Crown attorney because of her ability." LT Canuck lawyers bridle at digs Continued from page 1 three other causes for its conclusion that Canada's justice system is slow prosecuting white-collar crime and corruption compared to the United States. It says the absence of the grand-jury system is a disadvantage for Canada, wider use of plea bargaining in the U.S. shortens court time, and "Canadians tend to defer to authority and trust their institutions." Ertel says wide use of plea bargaining can subvert justice. Stiff federal sentencing regimes in the U.S. — which Ertel argues the Harper government is mimicking in a range of recent Criminal Code amendments — can contribute to wrongful convictions as the accused or suspects either enter a guilty plea or give false evidence to avoid lengthy prison terms. "We have concerns about that in this country," says Ertel. "We think that's the kind of thing that might motivate a witness to lie, so we don't put as much emphasis on that, although it does happen." "If you bring in an unjust system, that will move things along," he says. "Everyone is trying to be tougher on crime; everybody is blindly accepting the American model." Ertel and Morton argue Canada's decision to replace grand juries with preliminary inquiries for major criminal cases in the mid-1960s improved standards of justice. "It's a much fairer system than the grand jury," says Morton. "It's not as one-sided, but it slows things down. We've substituted fairness for speed." But, Ertel admits that underfunding and short resources in courts and Crown prosecution offi ces, combined with developments such as a Supreme Court of Canada ruling that widened the acceptability of hearsay evidence, are slowing courts down. "I think our criminal justice system, if it's not funded properly it's at a very dangerous time," he says. Morton notes murder trials with a jury in the U.S. often begin with- in a year of charges but in Canada "it's just not going to happen." "It is slower than the United States and one of the things we need For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. Ontario Assessment Legislation (LT 1-4x3).indd 1 LT0511 www.lawtimesnews.com 5/6/09 12:04:39 PM to work on in Canada, and I've written about this and I've made a fuss about this, is we need to speed up the criminal system," he says. "I'm not talking about just white collar, we need to speed up all criminal cases." LT D Y 8 G M e D W R ' E r e a y O C n Jack Allen W Consulting Editors: alker, Q.C. and Andy Anstett Assessment Act Assessment Review Board Act City of Toronto Act, 2006 Condominium Act Judicial Review Procedure Act Legislation Act, 2006 Municipal Act, 2001 Municipal Freedom of Information and Protection of Privacy Act Municipal Property Assessment Corporation Act, 1997 Municipal Tax Assistance Act Payments in Lieu of Taxes Act Provincial Land Tax Act, 2006 Statutory Powers Procedure Act Residential Tenancies Act New in this edition: Education Act Municipal Affairs Act O. Reg. 603/06 N a n F a Y p d R i L A m a D n E o a P E E D I & D P R V

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