Law Times

Should prosecutors be able to run for political office? By yamri Taddese Law Times n Ottawa federal pros- ecutor is seeking judicial review of a Public Ser- vice Commission deci- sion that bars her from running for political office. Emilie Taman now has the sup- port of the Association of Justice Counsel in her challenge of the deci- sion. It cited the need for impartial- ity in precluding her from running in the upcoming federal election. Sources say Taman is seeking the NDP nomination in Ottawa-Vanier. Association president Len MacKay says the union's concern is the commission's decision could set a precedent for a blanket ban on prosecutors who want to seek leaves of absence to pursue politics. "We have taken up this applica- tion on her behalf to help protect her individual rights and freedoms, but of great concern to us as well is what precedent might be set by the process that was followed in Ms. Ta- man's case," says MacKay. "In particular, it would appear that senior management strongly recommended that the prosecutor not be granted leave to run for of- fice because of the impact on her impartiality." MacKay says Taman's manag- ers argued there was no way to protect the perception of Taman's impartiality given her position and job description. According to the association, the government could use the same rea- sons to deny any federal prosecutor the ability to run for office. The per- ception of impartiality is "a perfectly valid concept," says MacKay. "The problem we have, though, is if you look at the [commission's] decision and the way they de- scribed the applicant's duties, that description applies to virtually ev- ery prosecutor in the county, both provincial and federal," he says. The concern, then, is the bigger picture, he adds. "Our concern is that this would amount to a blanket prohibition on at least federal prosecutors. We see it as a bigger battle as well." In her application for judicial review, Taman, a daughter of for- mer Supreme Court of Canada justice Louise Arbour, is seek- ing to set aside the commission's REACH ONE OF THE LARGEST LEGAL AND BUSINESS MARKETS IN CANADA! AVAILABLE ONLINE AND IN PRINT 8JUINPSFUIBOQBHFWJFXTBOEVOJRVF WJTJUPSTNPOUIMZDBOBEJBOMBXMJTUDPNDBQUVSFTZPVSNBSLFU FOR MORE INFORMATION CONTACT Colleen Austin T: 416.649.9327 | E: colleen.austin@thomsonreuters.com www.canadianlawlist.com Get noticed by the lawyers, judges, corporate counsel, finance professionals and other blue chip cilents and prospects who find the contacts they need for Canadian legal expertise at canadianlawlist. com with an annual Gold or Silver Enhanced listing package. ENCHANCE YOUR LISTING TODAY! CLLonline_LT_Apr13_15.indd 1 2015-04-09 1:18 PM Lawyer disbarred for writing fake orders Brian Nicholson acted out of 'fear of failure,' desire to please client By yamri Taddese Law Times he Law Society Tribunal disbarred a Missis- sauga, Ont., lawyer last week after he admit- ted to fabricating numerous court orders, endorsements, e-mails, and notices. A thick booklet containing the fake docu- ments showed lawyer Brian Nicholson wrote elaborate endorsements, sometimes with addenda, signed under the names of actual judges in Ontario. He then for- warded the endorsements to his client. In one of two matters, Nicholson impersonated a judge and ordered the payment of a $3-million fine in favour of his plaintiff client for breaches of an injunction the court had never actual ordered. He also wrote an order for the closure of the defendant's manufacturing plant in March 2013 before coming up with a fake notice of appeal for that same decision the following month. "The appellant respectfully submits that the motions judge lacked jurisdiction to order a plant closure with- out factual evidence required to illustrate that the plant targeted for closure was in fact associated with any of the alleged breaches of the injunction granted Sep. 24, 2012," reads the fabricated notice of appeal. Nicholson often beefed up the sham endorsements with spurious e-mails purporting to have come from banks and court staff. "It was prolonged; the misleading was extravagant," said Law Society of Upper Canada counsel Leslie Maunder during the proceedings on Tuesday. She went on to call the matter one of "extreme misconduct." After taking on a file for Daro Flooring Constructions Inc., which was alleging a breach of an agreement against Lafarge Canada, Nicholson "took no steps to pursue the action" but instead wrote several orders impersonating judges at different levels of court in Ontario, according to the agreed statement of facts. The judges include Ontario Chief Justice George Stra- thy, Ontario Court of Appeal Associate Chief Justice disabiLity cases Clinics bogged down by application process P5 duffy caSe Trial gets off to wild and wacky start P6 FOcUs ON ADR P12 An example of one of the rulings written by lawyer Brian Nicholson under the name of Justice George Strathy just before his appoint- ment to the Ontario Court of Appeal in 2013. See Justice, page 2 See Lawyer, page 2 Len MacKay was part of an earlier committee that made a recommendation that would effectively grant prosecutors the right to run for office if they seek a leave of absence. PM #40762529 & $#&!&jmmm$cYa[bbWh$Yec ntitled-4 1 12-03-20 10:44 AM $5.00 • Vol. 26, No. 12 April 13, 2015 Follow LAW TIMES on www.twitter.com/lawtimes L AW TIMES T A Photo: Association of Justice Counsel

• Cover