Law Times

May 25, 2009

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Follow McKELLAR STRUCTURED SETTLEMENTS INC. 1-800-265-8381 $3.55 • Vol. 20, No. 17 ckellar_LT_Jan14_08.indd 1 1/8/08 3:03:02 PM Inside This Issue 3 Students In Good Shape 6 'The Dirty '30s' 9 Focus On Running Your Practice Quote of the week "You need a bookkeeper or accountant who is familiar with the legal industry and can spot the problems before they become problems. It is a logical thing to outsource. Many fi rms don't have the resources to engage a legal administrator and lawyers are so busy meeting the clients' all-consuming needs that they let the fi nancial side of the business fall to the back burner." –– Colleen Cowan, certified general accountant See Hot, page 12 F Passing of a 'great guy' Humphrey lived 'each day with great enthusiasm' BY ROBERT TODD Law Times ormer Superior Court justice Da- vid Humphrey is being remembered as a pioneer in the legal community, helping raise the profi le of criminal lawyers through the creation of the Criminal Law- yers' Association and fostering camaraderie with his infectious passion for the job. Humphrey died in his sleep May 17 at the age of 83. "As he progressed in his chosen career, it soon became apparent that David Hum- phrey was going to achieve a position at the very pinnacle of his practice," says Hum- phrey's law partner and former Superior Court justice Hugh Locke. He suggests Humphrey achieved what he did "by living each day with great enthusi- asm. He approached every case on the ba- sis that whether he won or lost it, he would deliver his very best ability on behalf of the client. And that ability was prodigious." Humphrey spent 50 years in the criminal justice system before retiring in 1999, start- ing out as a Crown attorney upon being called to the bar in 1950. After four years he turned his attention to the defence bar and opened a practice with Locke. He fi n- ished his career after spending 15 years as a Superior Court judge. Humphrey's many contributions were ac- knowledged when he was recognized by Th e Advocates' Society book Learned Friends as one of the 50 best advocates in the province from 1950 to 2000. Last year he received the Former Superior Court justice David Humphrey died in his sleep last week at the age of 83. Criminal Lawyers' Association's G. Arthur Mar- tin Criminal Justice Medal, which recognized his outstanding contribution to criminal justice. After hatching the idea of the Criminal Law- yers' Association, Humphrey hosted its fi rst or- ganizational meeting in his 3 Sultan St. offi ce in 1971. He nominated Locke as the associa- tion's fi rst president, and remained involved in its business as an educator and mentor. Humphrey also contributed to Ontario's legal community by volunteering for continuing legal education seminars and serving as a bencher of the Law Society of Upper Canada for 12 years. Humphrey Sr.'s son, Toronto defence lawyer David Humphrey of Greenspan Humphrey Lavine, remembers his father's "unfailingly pos- itive disposition and robust sense of humour." Humphrey says his father "viewed life as an adventure, and his philosophy was to make sure that however grim the work you might be involved in, and as a criminal lawyer he was often dealing with very serious and tragic cases, but he still tried to fi nd enjoyment in every day and humour in every situation." Adds Humphrey, "He was just admired by See Humphrey, page 4 Lawyers reeling over proposed fingerprint bill BY TIM NAUMETZ For Law Times OTTAWA — Defence lawyers are reeling at the Harper government's surprise bill that would give police the power to fi ngerprint anyone they arrest even if no charges are laid, let alone a conviction. Th ree prominent Ontario lawyers say the legislation would be unconstitutional, and they question the government's claim there has been pressure for the amendment to the Criminal Identifi cation Act. Th e one-paragraph change is tagged on to the end of a 25-page bill amending several sections of the Criminal Code, many of which streamline police powers in other ways, including access to search and seizure warrants by telephone. Toronto defence lawyer Paul Copeland tells Law Times the fi n- gerprint provisions — combined with other clauses that "update" sections allowing police to wire- tap or intercept communications on an "urgent" basis without ju- dicial approval — are an assault on Charter rights. Ottawa defence lawyer Mark Ertel, a partner at Bayne Sellar Boxall, says the fi ngerprint provi- sions are "unconstitutional." And William Trudell, chair- man of the Canadian Council of Criminal Defence Lawyers, tells Law Times the amendments are "preposterous." Criticism of the bill gradu- ally mounted through last week after federal Justice Minister Rob Nicholson tabled it in the House of Commons on May 15. He said the changes as a whole will "modernize criminal proce- dure and make the justice system more effi cient and eff ective." "Crime is constantly evolving in Canada so it is crucial that our criminal justice system evolves with it," Nicholson said. Th e controversial fi ngerprint provisions are a simple change to one sentence in the Identifi cation of Criminals Act. Th e act currently authorizes fi ngerprinting and photography of "any person who is in lawful custody charged with or con- victed of" an indictable off ence or an off ence under the Security of Information Act. Th e new bill says "any person who is in lawful custody after be- ing arrested for, charged with, or convicted of" the same categories of off ences. Th e next few paragraphs of the old act and the new bill allow fi ngerprinting in three other limited instances where charges have not yet been laid. Ertel says it appears police may want to have the ability to fi nger- print people they detain but have no intention of charging or con- tinuing to prosecute. Th at occa- sionally occurs at noisy political protests and demonstrations, or even after late-night bar fi ghts. "It's unconstitutional, for sure," Ertel tells Law Times. "And to be able to use those fi ngerprints See Amendments, page 5 Covering Ontario's Legal Scene on May 25, 2009 Tel: 416.322.6111 Toll-free: 1.866.367.7648 Industry leader in legal software for real estate, corporate and estates for over a decade Photo: Phil Brown

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