Law Times

Law Times • OcTOber 24, 2011 NEWS Moldaver a 'consummate moderate' Continued from page 1 majority of work is done." Morton, who ran for the Liberals in the last federal elec- tion, predicts a rightward shift at the top court as the Conserva- tive government makes its way through its majority mandate. Moldaver and Karakatsanis were Prime Minister Stephen Harper's third and fourth nominations, and he's in position to name at least three more judges before the next scheduled election in 2015. "Well, they're certainly not leftward," says Morton. "We're looking at two appointments who are stronger on the law-and- order side and more deferential administratively to Parliament in general. I don't think it's an ex- treme thing but I think it's incre- mental and I think we'll see that in the appointments to the Court of Appeal, too." Harper will likely get plenty of opportunities to reshape the provincial Court of Appeal before the next election. Two judges, Winkler and Justice Robert Arm- strong, will reach the mandatory retirement age of 75 in 2013. Nine more judges are currently eligible for supernumerary status, while a further six will become eligible before 2015. Moldaver, 63, was appointed to the Supreme Court of Ontario in 1990 after a career on the crim- inal defence bar. "When he was younger, in the earlier years, there was a sense he could develop into a real friend of the defence bar, but that's not the way things turned out," says Lafontaine. In recent years, Moldaver has clashed with criminal lawyers, accusing some of them of con- tributing to delays in the system by mounting baseless challenges under the Charter of Rights and Freedoms. While nervousness about his appointment may be understandable among defence lawyers, Lafontaine says they may be exaggerated, particular- ly in light of Moldaver's central role in the wrongful convic- tion cases of Steven Truscott Coercion common in sex trade Continued from page 1 being forced to join it, according to IJM statistics. As many as one- third of them are children. However, these aren't the only areas of abuse and oppres- sion the organization focuses on. "Th roughout sub-Saharan Africa, widows and children are victims of illegal land seizure," says Sawai. "Although almost all countries in that region have laws that protect the inheritance rights of women, yet often when a man dies, his family will try to force the children and widow off of their land through in- timidation, threats, and physical violence. Often, they have no recourse, no means to get back their land." Th ese types of stories have a tendency to stick with volun- teers. "One of my roles in the past was to take pictures of the families who had been recently freed by the IJM," says Long. "Th e only problem was the pic- tures I took didn't end up being very good. I didn't have a dry eye during any of them. It broke me up, and that's something you don't get over. I've seen so much that changes you." It is this commitment to jus- tice that fi rst attracted Pedlar to IJM. "When you get involved with the IJMC, you really get the chance to know people," says Pedlar. "It's a life-changing thing when you meet the individuals and listen to them tell their sto- ries. You see them going from children who were abused to kids who want to be teachers and nurses instead." Sawai has been involved with IJM for the past six years as a vol- unteer with a focus on research, writing, and advocacy, particu- larly on human traffi cking. Long has also been work- ing with IJM for several years, often joining the organization during its missions in India and Bolivia. He currently works as litigation counsel at Carters Professional Corp., a law fi rm that focuses on charity and not- for-profi t law. Pedlar, too, has served on IJM's national board since 2003. He has since made several trips with its volunteers to places like Untitled-1 1 www.lawtimesnews.com 11-09-14 9:11 PM Bolivia, fi rst in 2007 to review IJM's work and then again in 2009 to help train Bolivian po- lice offi cials. He returned this past August to continue his work. "It's incredibly complex and diffi cult work," he says of IJM's activities. and Romeo Phillion. "Th ere is a concern that he has unfairly targeted defence lawyers as the culprits for problems he perceives in the justice system, but my own view of Justice Mol- daver the judge, as opposed to the speechmaker, is that he tends to be the consummate moderate," says Lafontaine. "He certainly isn't someone who is extremely conservative." Karakatsanis, 55, became a Superior Court judge in 2002 after a career largely in public service. During Mike Harris' tenure as premier, she was dep- uty attorney general and was later promoted to secretary of the Ontario cabinet and clerk of the executive council. "Th ere weren't high expecta- tions when she was appointed," says Morton. "Initially, people thought here's someone who's been a government-side person forever without much court- room or business experience, but in fact she's been seen as one of the stronger judges at the trial level and a very solid judge at the Court of Appeal." After it eschewed lawyers in private practice in its choices at the Supreme Court level, Morton says the federal government may change tack for its appeal court replacements. "It's not the normal route to appoint direct from the bar, but I've heard noises that they might want to do that and it's certainly not unheard of." Neuberger is less convinced. He believes the government would rather pick a judge with a track record. "When you're appointing a lawyer directly, you may not have a good knowledge of where their ideology lies because they have not written decisions," he says. "I would guess they'll prob- ably appoint someone who's been on the Superior Court for a while and has some record with respect to writing on Charter ap- plications." PAGE 5 ERAssure is the exclusive Preferred Supplier of executor E&O insurance for Canadian Bar Association members. Executor insurance. Protection for your clients that's smart for your practice. www.ERAssure.com 1-855-636-3777 Q Your executor client becomes the subject of legal action for estate administration errors. Are you at risk? A If they aren't insured, the answer is a resounding yes. An uninsured claim for damages against an executor often results in an action against the estate solicitor alleging negligence. 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