Law Times

PAGE 2 NEWS JUNE 23, 2008 / LAW TIMES Toronto lawyer faces sex assault charge BY ROBERT TODD Law Times A sexual assault. Calvin Barry, 46, who now is former Toronto assis- tant Crown attorney was charged last week with in private practice with the firm McPhadden Samac Merner Barry, turned himself in to the Toronto Police Service's 22 Division on June 16 and was immediately released on a promise to appear in court July 29, Const. Wendy Drummond tells Law Times. assault. The charge arises after an alleged incident involving a 31-year-old woman in May, says Drummond, who added that police aren't releasing further details regarding the case. "The investigators felt that the Barry faces one count of sexual conditions were satisfied for the accused to be released on a prom- ise to appear," says Drummond when asked why a bail hearing didn't take place. Ministry of the Attorney Gen- eral spokesman Brendan Crawley says, "Under these circumstanc- es, the ministry is taking steps to have a Crown from another province assigned to take carriage of this matter." Barry did not respond to Law was closed after five months but was reopened in 2006. At that time, LSUC told Times' requests for comment on the allegations. Barry became an assistant Crown attorney in 1988, and moved to private practice in 2004, according to biographical informa- tion on his firm's web site. He now practises in the areas of criminal law and regulatory matters. The web site notes Barry's involvement in charity activities, including work with the attorney general's United Way campaign, and fundraisers for the Children's Wish Foundation and Canadian Olympic equestrian team. He also served as director of Barry he was being investigated for unprofessional remarks. An August 2006 Toronto Star article included details of the alleged May 2, 2003 conversation between Barry, an undercover officer, and a third man. During the conversation, the undercover officer pretended to be looking for a lawyer's help in moving sto- len pension fund money, accord- ing to the court documents. It's alleged that Barry called the undercover officer the next day and left a message referring him to Shoniker. An Aug. 22, 2006 Toronto Star article included further details allegedly from the May 2, 2003 conversation. The article included an alleged statement made by Barry regarding a case involving NBA players facing assault charges. Barry is alleged to have said that It pays to stay up-to-date on pension law Federal Pension Legislation Consulting Editor: Susan G. Seller This resource helps to keep you on top of current federal pension legislation by ensuring you have all the information you need in hand. Ontario Pension Legislation Consulting Editor: Susan G. 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The wiretaps allegedly contain a discussion between Barry and an undercover police officer, and relate to a covert RCMP inves- tigation that saw former Crown and criminal defence lawyer Peter Shoniker convicted in 2006 of money laundering and theft. The law society began a profes- sional misconduct investigation of Barry in November 2004, accord- ing to court documents. The file the players' punishment would be to sign basketballs in Toronto's Regent Park community. "After the three-hour clinic is done, we give away all the signed basketballs and sign autographs, and there's 5,000 black kids jump- ing up and down like Planet of the Apes," Barry allegedly said. He has denied making the comments. Law society communications director Roy Thomas issued a written response to Law Times regarding the state of LSUC's investigation of Barry: "Com- plaints and investigations are confidential unless the law soci- ety has issued a notice of applica- tion, which informs the lawyer or paralegal that the law society is pursuing conduct proceedings. This is a strict requirement under the Law Society Act, s. 49.12," said Thomas in an e-mail. "No notice of application has been issued to date." Barry's lawyer on the law soci- ety matter, Shaun O'Brien of Cavalluzzo Hayes Shilton McIn- tyre & Cornish LLP, says she has not heard from the law society regarding Barry since the Superior Court case earlier this year dealing with the wiretap evidence. LT Insurance Our goal?… Your Financial Security! Interested in premium savings, superior protection, and prompt, personal attention for ALL of your Family and Business insurance needs? 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