Law Times

May 9, 2016

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Page 16 May 9, 2016 • Law TiMes www.lawtimesnews.com BAKER & MCKENZIE DATA PRIVACY SURVEY Baker & McKenzie has released a survey of data privacy profes- sionals related to the European Union's General Data Protection Regulation, and the EU-U.S. Pri- vacy Shield. The 2016 EU GDPR and EU- U.S. Privacy Shield Survey is based on information from more than 100 privacy professionals at the International Association of Privacy Professionals' 2016 Glob- al Privacy Summit, according to a Baker & McKenzie news release. "I think the survey responses clearly demonstrate that the majority of professionals in the privacy industry feel that the GDPR and Privacy Shield represent a call-to-action for organizations generally," said Theo Ling, chairman of Baker & McKenzie's Global Privacy and Informa- tion Management Steering Committee. The release says the survey indicates about 60 to 70 per cent of people who responded "believe that organizations will need to spend at least some, if not significantly, more budget and effort to comply with GDPR." AWARD NOMINATIONS WELCOMED The Society of Ontario Ad- judicators and Regulators welcomes nominations for its top honour, the SOAR Medal. "It honours individuals that have made a significant contribu- tion and demonstrated commit- ment to the field of administrative justice, who have been dedicated members or supporters of SOAR, and/or who have made a signifi- cant contribution to the adminis- trative justice field and to the well- being of the community at large," said Sherry Darvish, chairwoman of the SOAR Medal committee. The recipient will be hon- oured at the SOAR annual gen- eral meeting in December. More information is available at soar.on.ca/2016/03/soar-med- al-2016-nominations-are-open. The Advocate's Society has also opened up a call for nomina- tions for the Catzman Award for Professionalism and Ci- vility. The award recognizes the late Justice Marvin A. Catzman. It is to honour people "who have demonstrated a high degree of professionalism and civility in the practice of law," said the So- ciety. "Throughout his distin- guished career both as an advo- cate and a judge, Justice Marvin Catzman earned an exemplary reputation for his knowledge of the law, his integrity, his fairness, his civility, and his dedication to the highest ideals of the legal profession," said the Society. "He inspired younger lawyers by example and contributed to legal education by writing and lecturing with great humour." The deadline to submit nomi- nations is May 27. More informa- tion is available at http://www. advocates.ca/new/about-the-soci- ety/awards.html#catzmanaward. The award will be presented in September. LAW TIMES POLL This week, readers were asked about their opinions about pub- lication bans. Law Times had reported there was a dispute over whether a publication ban should be granted in a case concerning three police officers accused of sexual assault. Readers were asked if they believed publication bans are usually granted fairly. About 25 per cent said they believed publication bans are usually carefully considered and exist to protect both victims and offenders from unfair prejudice. However, 75 per cent said pub- lication bans are granted far too easily, which means the public does not get the timely informa- tion it deserves. LT u Bizarre Briefs By Viola James u The InsIde story "Tellyawhat, dude. You get me out on bail so's I can take care of those witnesses and I'll give you an awesome review on the Internet." Theo Ling chairs Baker & McKenzie's Global Privacy and Information Management Steering Committee. 40 issuesH`LHYJV]LYPUN6U[HYPV»ZSLNHSSHUKZJHWL FREEKPNP[HSLKP[PVUHUK\USPTP[LKVUSPULHJJLZZ[VWHZ[PZZ\LZ FREECanadian Legal NewswireH^LLRS`LUL^ZSL[[LYMYVT[OLLKP[VYZVMLaw TimesHUKCanadian Lawyer Juror ruling prompts call to look at Criminal Code BY TALI FOLKINS Law Times ith the Ontario Court of Appeal having ruled on jurors' use of extrinsic informa- tion in a recent case, the president of the Criminal Lawyers' Association says it may be necessary to amend the Criminal Code in order to get a better handle on the issue. "You can't say if jurors are or are not doing this at any level that is ap- preciable because you only find out in the rare case where a juror hap- pens to mention something," says Anthony Moustacalis. "Maybe jurors really do obey the judge's instructions. In my experi- ence, it seems that they generally do. But do I really know? The an- swer is no. Maybe they're Googling stuff all the time." The only way to know for sure and assess the necessity of any changes to the jury system, accord- ing to Moustacalis, is to amend the Criminal Code to allow research- ers to interview jury members anonymously about their experi- ences. "The fact of the matter is that people are people and they might not always remember the limits of what they're allowed to do or they might stray," he says. The comments follow the ap- peal court's ruling in R. v. Farinacci, a case that demonstrated the ease with which jurors can now find information about the defendant outside of the evidence presented during the trial. In their ruling on June 3, a panel of three judges re- fused to overturn the convictions of two brothers for possession of the proceeds of crime and conspiracy to traffic in cocaine. The brothers, Lucas Farinacci and Leonard Fari- nacci Jr., had argued their right to a fair trial had been compromised because jurors in the case, with the help of Google and other sources, had come across information about them that hadn't come up in court. The appeal came about as a result of a chance event at a coffee shop. Prior to sentencing but after the brothers' conviction, someone at the coffee shop overheard one of the ju- rors, in a conversation with a friend, mention that another me mber of Zero-tolerance conundrum Lawyers say pendulum has swung too far against accused in domestic violence cases BY TALI FOLKINS Law Times he justice system has taken the idea of zero toler- ance in domestic assault to such an extreme that it's unfair to defendants and no longer works in the best interests of Ontario families, says a 40- year veteran of criminal law. It's an opinion, however, vociferously opposed by at least one lawyer who helps victims of domestic violence. Leo Adler, of Adler Bytensky Prutschi Shikhman, says the issue of domestic assault has become "political football" over the last 25 to 30 years with largely undesirable results. While Adler emphasizes he doesn't want to diminish the tragedy of family violence, he says the situation has now reached a point where police called to family violence situa- tions are unduly afraid to release the defendant even in cases that don't appear serious. "Nobody wants to be the person who says, 'O.K., I'm going to release you,' because you might be the one in a million or whatever the statistic is who might end up killing your spouse," says Adler. "In a lot of these cases, there's no sign of violence, there's no sign of anything having occurred. You simply have the word of the complainant. And the person gets arrested and I can tell you that again in the majority of cases, the police don't even bother to try to take a statement from the accused, usually the male. . . . They don't ask because it doesn't make a difference because they're going to arrest you no matter what." Bail hearings in domestic violence cases, he says, are "a l- ways run on the presumption of guilt" and, if the court does grant bail, it's generally under strict conditions with the de- fendant required to live with a surety. The result, according to Adler, is often a divided family with the added financial strain OBA LAUDED Association honoured for mental-health efforts P4 CAMPAIGN SPENDING Bencher candidate calls for expense limits P6 FOCUS ON Legal Innovation 'In a lot of these cases, there's no sign of violence, there's no sign of anything having occurred,' says Leo Adler. Photo: Robin Kuniski See Silence, page 2 See Bail, page 2 There's no way to know if jurors are doing their own research on cases, says Anthony Moustacalis. PM #40762529 & $#&!& t7PM/P Follow LAW TIMES on www.twitter.com/lawtimes L AW TIMES T W Juror ruling prompts call to look at Criminal Code BY TALI FOLKINS Law Times ith the Ontario Court of Appeal having ruled on jurors' use of extrinsic informa- tion in a recent case, the president of the Criminal Lawyers' Association says it may be necessary to amend the Criminal Code in order to get a better handle on the issue. "You can't say if jurors are or are not doing this at any level that is ap- preciable because you only find out in the rare case where a juror hap- pens to mention something," says Anthony Moustacalis. "Maybe jurors really do obey the judge's instructions. In my experi- ence, it seems that they generally do. But do I really know? The an- swer is no. Maybe they're Googling stuff all the time." The only way to know for sure and assess the necessity of any changes to the jury system, accord- ing to Moustacalis, is to amend the Criminal Code to allow research- ers to interview jury members anonymously about their experi- ences. "The fact of the matter is that people are people and they might not always remember the limits of what they're allowed to do or they might stray," he says. The comments follow the ap- peal court's ruling in R. v. Farinacci, a case that demonstrated the ease with which jurors can now find information about the defendant outside of the evidence presented during the trial. In their ruling on June 3, a panel of three judges re- fused to overturn the convictions of two brothers for possession of the proceeds of crime and conspiracy to traffic in cocaine. The brothers, Lucas Farinacci and Leonard Fari- nacci Jr., had argued their right to a fair trial had been compromised because jurors in the case, with the help of Google and other sources, had come across information about them that hadn't come up in court. The appeal came about as a result of a chance event at a coffee shop. Prior to sentencing but after the brothers' conviction, someone at the coffee shop overheard one of the ju- rors, in a conversation with a friend, mention that another me mber of Zero-tolerance conundrum Lawyers say pendulum has swung too far against accused in domestic violence cases BY TALI FOLKINS Law Times he justice system has taken the idea of zero toler- ance in domestic assault to such an extreme that it's unfair to defendants and no longer works in the best interests of Ontario families, says a 40- year veteran of criminal law. It's an opinion, however, vociferously opposed by at least one lawyer who helps victims of domestic violence. Leo Adler, of Adler Bytensky Prutschi Shikhman, says the issue of domestic assault has become "political football" over the last 25 to 30 years with largely undesirable results. While Adler emphasizes he doesn't want to diminish the tragedy of family violence, he says the situation has now reached a point where police called to family violence situa- tions are unduly afraid to release the defendant even in cases that don't appear serious. "Nobody wants to be the person who says, 'O.K., I'm going to release you,' because you might be the one in a million or whatever the statistic is who might end up killing your spouse," says Adler. "In a lot of these cases, there's no sign of violence, there's no sign of anything having occurred. You simply have the word of the complainant. And the person gets arrested and I can tell you that again in the majority of cases, the police don't even bother to try to take a statement from the accused, usually the male. . . . They don't ask because it doesn't make a difference because they're going to arrest you no matter what." Bail hearings in domestic violence cases, he says, are "a l- ways run on the presumption of guilt" and, if the court does grant bail, it's generally under strict conditions with the de- fendant required to live with a surety. The result, according to Adler, is often a divided family with the added financial strain OBA LAUDED Association honoured for mental-health efforts P4 CAMPAIGN SPENDING Bencher candidate calls for expense limits P6 FOCUS ON Legal Innovation P8 'In a lot of these cases, there's no sign of violence, there's no sign of anything having occurred,' says Leo Adler. Photo: Robin Kuniski See Silence, page 2 See Bail, page 2 There's no way to know if jurors are doing their own research on cases, says Anthony Moustacalis. PM #40762529 & $#&!&jmmm$cYa[bbWh$Yec t7PM/P +VOF Follow LAW TIMES on www.twitter.com/lawtimes L AW TIMES T W Subscribe to Law Times today for $199* and receive: *HUSH^`LYSH^[PTLZ'[OVTZVUYL\[LYZJVTc c (JJLZZHMYLLWYL]PL^H[!IP[S`JVTLawTimes-FreePreview 6YKLYVUSPULH[!^^^SH^[PTLZUL^ZJVTZ\IZJYPIL *Plus applicable taxes How the legal community in Ontario gets its news 'lawtimes Untitled-4 1 2016-04-27 3:52 PM 25 % 75 % STUPID PHOTO STORY NO. 1 MARICOPA COUNTY, Ariz. — Talk about getting attention for all the wrong reasons. An Arizona prosecutor will not press crimi- nal charges against a Phoenix-area high school student arrested for exposing his penis in a foot- ball team photograph published in the school's yearbook, police said. The case against Hunter Osborn, 19, will be dropped after the Maricopa County attorney declined to prosecute the Red Mountain High School student, the Mesa Police Department said in a statement. "At this time all parties involved no longer desire prosecution and the case will be closed," said Steve Berry, a Mesa police spokesman. Os- born, who was 18 years old at the time, exposed his penis through the top of the waistband of his football uniform pants during a photo shoot for the high school football team on the school's bleachers, according to court records. He told police he was acting on a dare from another football player and said he was "dis- gusted by what he had done." Fifty-nine students, ranging in age from 15 to 19, and 10 faculty members were present, po- lice said. Osborn, who could not immediately be reached for comment, was arrested on sus- picion of 69 counts of indecent exposure and one felony count of furnishing harmful items to minors after police learned of the offending picture from the school's principal. He was released on his own recognizance. The photo made it into all the yearbooks at the 3,400-student school, but a school district spokeswoman said only 250 had been distribut- ed. The incident sparked a firestorm of criticism throughout the community against police over the seriousness of the charges sought for what many labelled a prank. The case began to unravel when county at- torney Bill Montgomery said the evidence was lacking to charge Osborn with a felony count and referred a request that the youth be charged with multiple counts of indecent exposure back to police for additional review. It was not immediately clear if the student would still face any disciplinary action from the school. STUPID PHOTO STORY NO. 2 LISBON, Portugal — Hating on selfie sticks is fast becoming an international sport. Take what happened when a young man's at- tempt to take a selfie snapshot with the statue of a 16 th -century Portuguese king ended with the 126-year-old statue crashing to the ground and shattering. The man, whom police did not identify, ac- cidentally toppled Dom Sebastiao's statue after climbing up to its pedestal outside the ornate Rossio railway station in central Lisbon. He tried to f lee the scene but police caught him. He will appear before a judge at a later date. The child-sized statue of the sad-eyed, sword-wielding king stood in a niche between two horseshoe-shaped arches at the entrance to the station. Completed in 1890, the station is a protected monument. DENNIS RODMAN, HUMAN RIGHTS CHAMPION? Breitbart.com reports that a man formerly jailed in North Korea has thanked former NBA star Dennis Rodman for helping garner atten- tion for his cause, leading to his release. Kenneth Bae spent two years in a North Korean jail, reports breitbart.com. Bae, whom breitbart.com reports is an American citizen and a missionary, was convicted for "plotting to topple the North Korean government." Before his arrest, he'd owned a tour company that pro- vided visits to North Korea. His release happened after Rodman made strange remarks in 2014 to a CNN journalist. Rodman has been known for his friendship with North Korean dictator Kim Jong-un. In the interview, breitbart.com reports Rodman "expressed his love for North Korean leader Kim Jong-un and suggested that Bae had done something wrong, which he hadn't, brought massive exposure to his captivity." LT YES, I AGREE NO, I DO NOT AGREE

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