Law Times

PAGE 16 WillBuilder Tel: 416.322.6111 Toll-free: 1.866.367.7648 doprocess com ntitled-2 1 The Reinventing the Will www Inside Story OBA DISCOURAGES TAX HARMONY Th e province's plan to harmo- nize the provincial sales tax with the federal goods and services tax will make legal fees subject to the provincial levy, creating a "further barrier in access to jus- tice," says the president of the Ontario Bar Association. "In these economically trou- bled times Ontario will, unfortu- nately, see an increase in domes- tic violence, family and marriage breakdown, and criminal activity, which puts increasing pressure on the justice system, the legal aid system, and those people seeking representation with private prac- titioners," said Jamie Trimble, in a letter to the provincial fi nance minister and Attorney General Chris Bentley. "An increase in the cost of le- gal services as a result of harmo- nization will force signifi cantly more self-representation, which severely strains court resources and too often results in unsatis- factory outcomes for vulnerable Ontarians," added Trimble. Th e letter urges the govern- ment to spend more time seek- ing the input of stakeholders before moving forward with the tax harmonization plan. 'DEAD TIME' TOUGHER SAY CRIMINAL LAWYERS Proposed federal legislative changes to the calculation of pretrial custody is a "step back- wards," said Criminal Lawyers' Association president Frank Addario. "I'd challenge the minister of justice to show Canadians how this will make us safer in the long run," said Addario in a release. "Where has relentlessly harsh punishment solved social problems? He should tell us if he knows." Th e comments followed Jus- tice Minister Rob Nicholson's announcement that he would introduce legislation that would place new restrictions on judges' sentencing discretion. Th e CLA release said that "dead time" is more taxing than post-sentence incarceration, made worse by conditions within many correctional facilities. Addario called the govern- ment's move "toughness unguided 2/2/09 10:53:45 AM by thinking. It won't make any- one safer. At a time when Ameri- cans are fi nding out that harsh sentences are expensive and inef- fective, our government is taking us down the same road." Judges in Ontario and most other provinces refuse the en- hanced credit if a prisoner has deliberately delayed the imposi- tion of a sentence, said Addario. "So, this law won't improve BREW ME A CUPPA PORTLAND, Ore. — A federal judge has given the OK for mem- bers of an Ashland, Ore., church to import, distribute, and brew hallucinogenic tea to their hearts' content. Th e U.S. government wanted ™ Bizarre march 30, 2009 • Law Times Briefs By Viola James when they arrived at the home in Fairfi eld, Conn. Th ey had to force their way in because Sun changed the lock on the bedroom door, said offi cer Chris Lyddy. Sun was charged with third- to prohibit or penalize the use of "Daime tea," which is made from two Amazonian plants that con- tain the hallucinogen dimethyl- triptamine. Th e Church of the Holy Light a situation that needed fi xing," he said. "It will promote harsher sentences, produce less guilty pleas, and give Parliament's ap- proval to harsh and inhumane detention facilities." He went on to suggest that the change would punish less fortunate individuals who end up in the court system. Many defendants unable to make bail are poor, homeless, mentally disordered, or aboriginal, noted Addario. "Before imposing further re- strictions and limiting judicial discretion, the focus should be on eliminating the opportuni- ties for delay and their fi nancial burden on the criminal justice system," he said. CHARITY HOCKEY Toronto's personal injury bar helped raise over $30,000 for spinal research through a recent charity hockey tournament. Th e Th ird Annual Personal of the Queen, the Ashland branch of Brazilian-based Christian church Santo Daime, had been fi ghting for the right to use the tea for sacramental purposes. U.S. District Judge Owen Panner issued a permanent in- junction barring the government from prohibiting or penalizing the tea' government from interfering or prosecuting church members who follow a list of regulations set out in his order. s use for religious purposes. His order stops the federal NOT THE BEST WAY TO SOLVE A FIGHT HARTFORD, Conn. — Helen Sun thought shackling herself to her husband while he slept would be the best route for resolving an argument they' was wrong. Robert Drawbough woke to d been having. She fi nd himself cuff ed to his 37-year- old wife and promptly called the police on his cellphone. She responded by biting him on the arms and torso. So much for alternative dispute resolution. Police said they heard screams Injury Bar Charity Hockey Challenge was organized by Mi- chael Henry of Howie Sacks & Henry LLP, and hosted by a long list of sponsors. Proceeds went to SFAC, a Canadian spi- nal research organization. Six teams competed in the degree assault, disorderly conduct, reckless endangerment, and un- lawful restraint. She was released on bail. "I can't say I've ever seen a sce- nario quite like this," said Lyddy. JUDGE SAVES THE DAY MIAMI, Fla. — It was just an- other day in courtroom 5810 un- til the judge told the defendant he would be going to jail for violating a restraining order. John Charles Reasee snapped and darted out from behind his lawyer before he could be hand- cuff ed and attacked his former girlfriend Nicole Word. Broward County Judge Ian Richards, 33, leaped over the bench and along with Word' yer kept the attacker at bay. But Reasee did manage to hit s law- Word on the side of her head with a closed fi st and then land- ed four more blows as she ran toward the judge' Herald, she had been with Reasee for seven years and had twice ob- tained restraining orders against him. She let the fi rst one drop, hoping things would work out, but said she pursued the second one after he kicked in her door and attacked her. On March 19, Lauderhill po- Later, Word told the Miami s bench. Reasee now faces additional charges of domestic battery and resisting arrest. IT SEEMED LIKE A GOOD IDEA AT THE TIME BOZEMAN, Mont. — Angela Parenteau had the good sense not to drive when she was feeling ill and had taken medication. Unfortunately, her good sense didn't extend to the realization her 12-year-old daughter shouldn't be driving the car either. Police said Parenteau, 32, had the 12 year old drive her three younger siblings from their home in Sun Prairie to their daycare in Great Falls, about eight kilome- tres away. Police were alerted by daycare employees, who saw the young girl drive up. Parenteau was cited with four counts of endangering the welfare of children and one count of al- lowing an unauthorized minor to operate a motor vehicle. Family services offi cials with the state were notifi ed, police of- fi cer Jeff Newton said. THE QUEEN, NOT JUST A QUEEN LONDON, England — Some chuckles forged a bunch of £20 notes and used Boy George to replace the Queen' notes. Th ey actually managed to spend some at an offi ce supply store, where staff didn' s head on the fakes until they took the deposit to the bank. t notice the "We took the note on Saturday afternoon, but we didn' it was a fake until I took it to the bank on Monday. "Th e cashier held it up to the light and then spotted that Boy George' A spokesman for the store said: t realize instead of the Queen's." lice arrested Reasee. Word said he had tried to run her off the road. Th at arrest led to the hearing. s face was on it I couldn't believe it — we've certainly had nothing like it before." She added: "I was shocked, LT event, with the York Street Stars — led by Henry as captain — claiming the title. Casey Van Moorlehan was named MVP goalie, John Adair was MVP forward, and William Teg- gart took top honours among defencemen. Henry said he is thrilled with the level of support for the third annual event, and plans to in- crease the challenge next year to include eight teams, up from six this year. LT For more Inside Story, please visit www.lawtimesnews.com "Look here counsel, if, as I have previously ruled, this court does not accept motions in the form of podcasts, texting, or twitters, what gave you the idea it would accept one as a tattoo?" www.legalsuppliersguide.com for hundreds of suppliers across Canada & I LSG 1-4 3x.indd 1 MPR Refined search capabilities, complete contact details and directlinks to suppliers helps you find the service you need RIGHT NOW! Legal Suppliers Guide - The legal community's business-to-business site www.lawtimesnews.com 2/24/09 5:13:02 PM E N O V E W D

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