Law Times

Page 6 November 4, 2013 • Law Times COMMENT u Editorial obitEr By Glenn Kauth Disturbing failings in criminal justice process T hose who enjoy tales of bureaucratic bungling will want to read the federal government's Oct. 25 report into the case of Ernest Fenwick MacIntosh. The report follows the Supreme Court of Canada's dismissal of the Crown's appeal in R. v. MacIntosh, a Nova Scotia Court of Appeal matter that considered a 14-year delay bringing a man who had spent several years in India to trial on sexual abuse charges. In that case, authorities extradited MacIntosh in 2007 despite laying charges in 1995. The appeal court ultimately quashed his conviction by a lower court and entered a stay on the basis of unreasonable delay. The report on federal involvement in the case documents a litany of mistakes and misjudgments by a range of officials. While the effort to extradite MacIntosh began in 1997, for example, Nova Scotia officials stalled in providing the federal government with affidavits required by India. By the time they delivered the information a year later, it was still missing identification evidence linking MacIntosh to the alleged offences. By 2002, they still hadn't provided it. At that point, prosecutors in Nova Scotia had decided they wanted to seek extradition on additional charges, which led federal officials to ask for first-person affidavits in relation to eight new complainants. In June 2003, Nova Scotia provided five sworn affidavits again without identification evidence. Around that time, responsibility for the file at the federal international assistance group had transferred to new counsel who didn't appreciate the urgent nature of the matter. Counsel didn't review the file and didn't use an administrative system that triggers a reminder to follow up on a matter. There were other problems, including the fact that despite MacIntosh's I presence on a passport watch list, federal officials nevertheless issued the travel document to him in 1997 and renewed it in 2002. In the end, it took until June 6, 2007, for MacIntosh's extradition to take place. Lest anyone think it's an isolated issue, people can also look to the Ontario case of R. v. Arsenault, a recent criminal matter stayed by the Superior Court due to an 11-year delay in bringing a man who had been living in South Korea to trial on an attempted murder charge. In that case, authorities also hedged on extradition over several years. In the MacIntosh matter, the federal government has at least owned up to its mistakes and made a number of improvements to address them, including an electronic system for the extradition process that automatically flags files requiring attention. It's good to see, and the government deserves some credit for addressing the issue in a transparent way. But as the report notes, the MacIntosh case has highlighted "failings in the criminal justice process and pointed to weak links in other institutions on which Canadians depend." It's a disturbing admission that, as Arsenault shows, doesn't just apply to one case. — Glenn Kauth Ontario stalling under endless reviews f there's one thing Premier Kathleen Wynne likes better than talking, it's talking some more. She arrived in the premier's office earlier this year promising to consult and collaborate to find consensus. And that she has done. But what happens when all of the panels she has established come back with their respective ideas? Is the government going to act quickly and decisively to incorporate them into its next budget? If it all seems like déjà vu, you're not wrong. The last time we went through this sort of thing, it was the high-profile commission on the reform of Ontario's public service led by Don Drummond. In 2011, former premier Dalton McGuinty appointed Drummond to look at ways to head off the ballooning deficit that was heading towards $16 billion the following year. Drummond had the job of looking at ways to reduce costs and raise revenues and duly reported in February 2012 with 362 cost-cutting ideas. Two years later, Law Times subscription-only Queen's the government had acted on Park Briefing tip sheet count60 per cent of the recommenQueen's ed 31 panels and reviews in dations, which prompted Park process with the announceDrummond to give it a grade ment of the transit investof B in a column penned ment strategy advisory panel for The Globe and Mail last that would look at the fivespring. An A, he suggested, year effort by Metrolinx on would only come when the how to pay for transit. remaining 40 per cent of the Wynne appointed almost recommendations "move all of them and in just a few from 'under study' to 'impleweeks since that list came out, mented,' while recognizing Ian Harvey she has added five more. Acthat 'under study' is politiccording to Queen's Park Briefspeak for 'not a chance.'" It's been a while since I was in school, ing, the reviews include a horse-racing but isn't 60 per cent a failing grade? Does transition panel, a consultation on jobs that mean the members of the 36 panels and growth, talks on the youth jobs stratcan expect no better than a 60-per-cent egy, a look at the Payday Loans Act, discussions on the Condominium Act, and approval rate of their work? Still, that's better than the fate of many input on the social assistance review comothers panels and reviews. All too often, mission report. The reviews will also look governments shelve them because they at auto insurance, options for the Ontario were just a way to deflect attention from Northland Transportation Commission, inaction at the time and deflate a poten- Ontario's energy plan, and issues related to education and teachers. There are many tially hot-button issue. So, just what are these 36 panels up other panels as well, notably a group lookto? Last September, the Toronto Star's ing at the minimum wage. Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 • Tel: 416-298-5141 • Fax: 416-649-7870 www.lawtimesnews.com • clb.lteditor@thomsonreuters.com • @lawtimes Director/Group Publisher . . . . . . . . . . . . Karen Lorimer Editor in Chief. . . . . . . . . . . . . . . . . . . . . . Gail J. Cohen Editor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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Circulation inquiries, postal returns and address changes should include a copy of the mailing www.lawtimesnews.com And you can add to those reviews the request for the Law Commission of Ontario to examine how adults with disabilities can better access registered disability savings plans, more consultations on the definition of catastrophic impairment in the statutory accident benefits schedule, a panel looking at updates to the Securities Act, and an online dialogue about the future of the public service. That's still not the end of the list. On the online dialogue, by the way, 1,026 people have voted to ban gestation crates for sows and 1,015 participants want to end the breed-specific clause in the Dog Owners' Liability Act. Given all of these reviews, I'd say NDP Leader Andrea Horwath had it right when she called for "a little less conversation and a little more action." LT uIan Harvey has been a journalist for 35 years writing about a diverse range of issues including legal and political affairs. His e-mail address is ianharvey@rogers. com. label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact Ellen Alstein at ............ 416-649-9926 or fax: 416-649-7870 ellen.alstein@thomsonreuters.com ADVERTISING Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Kimberlee Pascoe ...............................416-649-8875 kimberlee.pascoe@thomsonreuters.com Grace So .............................................416-609-5838 grace.so@thomsonreuters.com Joseph Galea .......................................416-649-9919 joseph.galea@thomsonreuters.com Steffanie Munroe ................................416-298-5077 steffanie.munroe@thomsonreuters.com

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