Law Times

PAGE 4 NEWS APRIL 14, 2008 / LAW TIMES Judge encourages lawyers to take action Continued from page 1 lays and marathon-like trials that mark the criminal landscape to- day," he said. Moldaver said, "On our quest to create this perfect criminal jus- tice system, we have created one in which process counts for just Ontario Planning Legislation Discover true editorial excellence with Ontario Planning Legislation, 2008 Edition, brought to you by Canada Law Book with editorial consultation by renown planning law practitioner, Bruce Engell. This resource offers in- depth coverage of the most relevant Acts and key regulations of Ontario planning law, organized in an easy to read format that saves you time and effort. Inside find information on local appeal bodies; prescribed matters including upper-tier community improvement plans; prescribed time periods; zoning by-laws; holding by-laws and interim control by-laws, plans of subdivision, and much more. Updated each year, Ontario Planning Legislation reflects the changes made during the past year, keeping you ahead and informed. Inside the 2008 Edition you'll find: • the completely updated • a Table of Contents listing all sections and regulations with subject and page numbers to speed your access to the material • a comprehensive and thorough subject index the streamlines your research • a detailed legislative history of the Act and regulations • a page layout that allows you to quickly identify the section you're looking for Includes 32 regulations! Order your copy today! Perfectbound • 304 pp. • May 2008 • Standing Order $56 • P/C 0812140000 Current Edition Only $66 • P/C 0812010000 • Multiple copy discounts available ISSN 1198-211X For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. • Free Shipping on pre-paid orders. Prices subject to change without notice, and to applicable taxes. LT0414 about everything, and truth and justice for little or nothing." Moldaver tempered his criti- Engell•Ont Planning Legislation 4/9/08 11:37 AM Page 1 cism, however, saying, "On bal- ance, we have a very good jus- tice system. Indeed, it may be one of the finest in the world." He later added, "I embrace 2008 without reservation the notion that it is better to let 10 guilty people go free than to convict one innocent person." But he encouraged lawyers to take action. "I believe that a strong and vibrant justice system is neces- sarily dependent on the collective goodwill and good faith of the people who serve it," he said. "To that end, I urge the leaders of the bar to get involved and speak up and speak out. To that end, I urge the major stakeholders to come together and listen attentively to each other, so that each may bet- ter understand the other's prob- lems and concerns." Code's address to the confer- ence focused on the issue of long criminal trials. He said, "There is discussion at a very high level of reforming the jury, of add- ing members to the jury," in ef- forts to prevent mistrials in cases where jurors revolt and fewer than 10 remain. He said judges must do more to manage cases at the pretrial stage, where he said "endless pre- trial motions" have made the trial itself "almost become irrelevant." Code also suggested it may be necessary to impose time limits on disclosure, which, he said, "may be one of the most inefficient parts of the modern criminal trial." The law society and law schools must also play a role in fostering higher standards of pro- fessionalism, said Code. "Judges and lawyers will tell you that they are seeing more rude, abrasive, and abusive conduct amongst members of the bar," he said. Code said law schools must prioritize ethics courses, while the law society "has got to get serious about enforcing standards of professionalism. "All of this unethical conduct is flatly contrary to the Rules of Professional Conduct." Code suggested that improved professionalism could itself solve many of the challenges facing the criminal justice system. "If all four segments of the system — the law schools, the law society, the profession and the law firms, and finally the judiciary — weigh in on this subject and restrain unprofes- sional conduct and reward pro- fessional conduct and encourage LT Scrimping makes role 'meaningless' Continued from page 1 not huge, but still, it's the symbolic worth that they are attributing to this role." Montreal lawyer Sylvain Lussier, a partner at Osler Hoskin & Har- court LLP who acted as the federal Justice Department's lead counsel at Justice John Gomery's inquiry into the Liberal sponsorship scandal in Quebec, says he had "trouble" with his firm even over the original fee of $300 and will have to "revisit" the issue with the lower rate. The government hastily introduced the system of special advocates in response to a Supreme Court of Canada ruling that declared the law surrounding the deportation of the five men, under so-called security certificates, was unconstitutional because evidence against them had been kept secret under a claim of national security. The advocates will have access to the secret evidence but will be un- able to reveal it to the men named in the security certificates or even to talk to them without judicial authorization — other than an initial in- terview before Federal Court appeals of the deportations begin. Their chief role is to screen the evidence and sources and challenge them if necessary in front of the presiding judge. The five — Hassan Almrei, Adil Charkaoui, Mohamed Harkat, Submit your nominations for The Law Foundation of Ontario's Guthrie Award In 1996, the Trustees of The Law Foundation of Ontario established the Guthrie Award in honour of former LFO Trustee and Chair, H. Donald Guthrie. Since its inception, the award has been bestowed upon individuals or organizations which carry out outstanding public service, make signifi cant contributions to access to justice or symbolize excellence in the legal profession. Our Guthrie Award is an opportunity to publicly acknowledge and thank those who facilitate community participation in the legal system, and whose outstanding efforts make the justice system more accessible for everyone. For more information on the LFO and to access a nomination form visit www.lawfoundation.on.ca The deadline for submissions is Monday, June 2, 2008. www.lawtimesnews.com Mahmoud Jaballah, and Mohammad Zeki Mahjoub — deny the al- legations and say they face torture or worse if they are deported to their national countries. Almrei is from Syria, Charkaoui is from Morocco, Harkat is Algerian, and Jaballah and Mahjoub are both Egyptian. One of the new special advocates disagrees with the others about the effect the fee reduction might have on the willingness of senior counsel to take on the job. "Very few people are doing this work for the money," says Co- lin Baxter, a partner at the Ottawa office of McCarthy Tétrault LLP. "What they're doing it for is deep and abiding interest in the issues and in the subject matter and the principles at stake." But Cameron, a partner at Blake Cassels & Graydon LLP in Ot- tawa, says medium and large firms could be reluctant about partners taking on such complex and time-consuming cases at rates well below normal, as revenues are contributed to the firm's "one pot" and redis- tributed as a share of profits. The lawyers are required to pay their share of office overhead, even though they will be earning up to $300 less an hour than the other partners. Cameron, Cavalluzzo, and Copeland, though, placed more empha- sis on the need for adequate support from the Justice Department, as well as on complete access to the secret evidence. "So far, there's nothing in place of that sort," says Copeland, adding the plan currently limits the advocates' access to secret files to a secure "bunker" in the Federal Court complex in downtown Ottawa. "Somebody who spent time there [in the bunker] describes it as be- ing filled with mould and giving them asthma," says Copeland. Cavalluzzo adds, "Inadequate resources and support mean that the role is meaningless. If they're going to scrimp on resources for the spe- cial advocates, the role will become meaningless." Girouard says, "Direct support will be provided to special advocates through several government institutions, including the Department of Justice, the Courts Administration Service, and the Immigration and Refugee Board." LT Consulting Editor: Bruce Engell Planning Act

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