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May 26, 2008

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McKELLAR STRUCTURED SETTLEMENTS INC. 1-800-265-8381 ckellar_LT_Jan14_08.indd 1 $3.55 • Vol. 19, No. 171/8/08 3:03:02 PM Inside This Issue 4 Leon Paroian Dies 8 Who's To Blame 10 Focus On Running Your Practice Quote of the week "He was an exuberant type of guy, always very pleasant, loud, flamboyant, a rambunctious character, very likable. Even if he were in opposition you couldn't help but admire the guy." — Cliff Sutts partner, Sutts Strosberg LLP See Paroian, page 4 Covering Ontario's Legal Scene Call 416.223.5991 Investigative & Forensic Accounting Specialists Proven Expertise ntitled-6 1 from within Osgoode Hall, but won't be afraid to speak out on important issues. "I think it's an important position, and I think that I have something to offer. And my colleagues decided that I did," Derry Millar, who has been elected the next LSUC treasurer, tells Law Times. "The profession has been very good to me, and I've tried to give back to the profes- sion, and this is another way of doing that." Millar, a partner at WeirFoulds LLP who practises civil litigation and administrative law, was acclaimed treasurer after being the only can- didate to come forward by the May 8 deadline. He will assume the post June 26, when current Treasurer Gavin MacKenzie will end two-and-a- half-years in the position. MacKenzie says the profession is fortunate to he next treasurer of the Law Society of Upper Canada says the profession is get- ting a leader who will build consensus He's 'not afraid of making decisions' T Derry Millar acclaimed as LSUC treasurer BY ROBERT TODD Law Times May 26, 2008 1/8/08 3:28:10 PM A.NEUMAN ASSOCIATES INC. have Millar taking the lead at Convocation. "Derry Millar and I have served together as benchers since 1995," says MacKenzie, noting they were co-chairmen of a task force that produced new rules of profes- sional conduct in 2002. "We're good friends. He's thoughtful, pa- tient, caring, and wise, and he'll be an excellent treasurer," says MacKenzie. As treasurer, Millar will be the law society's representative and preside as chairman of Con- vocation. An election for the position is held each year, and benchers vote when more than one can- didate seeks the position. The daily operations of the law society are Photo: Robert Todd Derry Millar says paralegal regulation, articling, access to justice, and the retention of women in private practice are pressing areas he'll tackle as treasurer of the Law Society of Upper Canada. directed by Chief Executive Officer Malcolm Heins. Millar was called to the bar in 1974 and was elected a fellow of the American College of Trial Lawyers in 2001. He was lead counsel at the Ip- perwash inquiry in 2003, and is in his fourth term as an elected bencher. He has been chairman of the law society's finance committee since 2006, and was vice chair- man of the equity and aboriginal issues committee from 2001 to 2003, along with a long list of other contributions to Convocation committees. Millar describes himself as a consensus builder, but says he doesn't hesitate to speak his mind. "I've always, when I've been at Convocation, See Turn as, page 2 Young offenders less culpable, says SCC BY TIM NAUMETZ For Law Times OTTAWA — The Supreme Court of Canada decision that struck down a law requiring young offend- ers in extremely violent crimes to prove they don't deserve adult jail sentences also killed Justice Minister Rob Nicholson's plan to make adult sentences automatic for the same crimes, defence lawyers say. The ruling also may pressure the government to finally intervene in the case of Omar Khadr, the young Canadian being held on murder charges in the U.S. anti-terror prison at Guantánamo Bay, says the U.S. military lawyer defending Khadr. The 5-4 decision in R. v. D.B. — a teen who admitted to manslaugh- ter after a young man died in a fight outside a Hamilton mall shortly be- fore Christmas 2003 — means the Crown now has the onus to prove young offenders in designated crimes should get adult sentences. The majority decision reaffirmed as a fundamental principle of justice the notion that young people are entitled to "a presumption of dimin- ished moral culpability" because of their age and are therefore subject to the more lenient youth justice sys- tem. The ruling also declared that the presumption young people are less culpable for their crimes contin- ues through sentencing and a provi- sion in the Youth Criminal Justice Act presuming an adult sentence for young defendants in designated crimes violates Charter s. 7. The designated "presumptive" crimes for youths aged 14 to 17 are first or second-degree murder, attempted murder, manslaughter, or aggravated sexual assault. "No one seriously disputes that there are wide variations in the maturity and sophistication of young persons over the age of 14 who commit serious offences," Jus- tice Rosalie Abella wrote. "But the onus provisions in the presumptive offences sentencing regime stipu- late that it is the offence, rather than the age of the person, that determines how he or she should be sentenced. This clearly deprives young people of the benefit of the presumption of diminished moral blameworthiness based on age." The ruling went on: "A young person should receive, at the very least, the same procedural benefit afforded to a convicted adult on sentencing, namely, that the bur- den is on the Crown to demon- strate why a more severe sentence is necessary and appropriate in any given case. The onus on the young person reverses this traditional onus on the Crown and is, consequently, a breach of s. 7." It further said reverse onus provi- sions requiring young offenders in the designated crimes to show they qualify for a publication ban on their identities were also unconstitutional. The dissenting opinion written by Justice Marshall Rothstein concurred that the presumption of diminished moral culpability is a constitutional right for young offenders. But, it fo- cused more extensively on the details of the crime and D.B.'s criminal re- cord, along with the array of checks and balances where an adult sentence is presumed, to argue reverse onus did not violate the Charter, and Par- liament was balancing the rights of Taking the FIRST step doesn't have to be this risky Commercial Title Insurance Untitled-10 1 Take the risk-free FIRST step and call us for coverage information or for unique ideas on how you can structure the next commercial deal that comes your way. We won't leave you hanging. CALL FIRST 1.866.804.3112 Insurance by FCT Insurance Company Ltd., with the exception of commercial policies by First American Title Insurance Company. Services by First Canadian Title Company Limited. This material is intended to provide general information only. For specific coverage and exclusions, refer to the policy. Copies are available upon request. Some products/services may vary by province. 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