Law Times

PAGE 4 NEWS Lawyers 'suffering for 20 years' Continued from page 1 subsidizing the system. A lot of the work we're doing for free. Th e Crown's offi ce and the judg- es are all being compensated handsomely for the system to run, and we haven't been com- pensated in the last 20 years adequately at all. "Everyone expects the system to run smoothly, and it can't run without defence lawyers, and we're tired of subsidizing the sys- tem. We want something done on it." Labine says he expects the boycott to gradually expand to all areas of the province. "Th ere are over 1,000 lawyers who are mem- bers of the Criminal Lawyers' Association, and if all 1,000 of those lawyers stop taking legal aid for those cases, the system is just going to get backed up. It'll break down and it simply won't work. "So it'll have to be addressed. What'll happen is the courts will be left with addressing the issue. Th e issue will then become a judge's issue as to how much a lawyer should be compensated. If the issue comes down to the court determining how much we should be compensated for doing a fi rst-degree murder case, I'll tell you right now every court is going to be awarding us over $200 an hour, in or- der to eff ectively provide a defence. "If the attorney general waits for that to happen, then the amount that they're going to be forced to be used to compensate us will be a lot more than he budgets for." Adds Labine, "All of us are reluctant to do this — we've been suff ering for 20 years and it's not something we want to do. It's a last resort, and we're hopeful that the attorney general can sit down with the president of the Criminal Lawyers' Association and our committee on le- gal aid and work out a fair and equitable system of compensation for legal aid clients." Addario calls the legal aid system "a liberal idea," comparing it to public education or universal health care. "It's the government saying to people without money that poverty will not be the sole reference point when you're in a legal jam," he says. "Th at's the promise. Report after report has told Ontario governments they're breaking the promise." Adds Addario, "Th ere's no joy whatsoever in the bar about telling the public the system is bro- ken. It's a big disappointment it's come to this." By the middle of last week the boycott had grown to 355 CLA members, 41 non- members, and 21 law fi rms, according to the association's web site. Th e lawyers want the top legal aid rate raised above the current $98 per hour, which they says fails to adequately take into account high overhead costs and many hours of free work they provide due to Legal Aid Ontario's restricted yearly budget. LT June 22, 2009 • Law Times The court has lost 'a very good judge' Continued from page 1 Borins created while working in his Court of Appeal offi ce. "It was something to see. You'd walk by his offi ce, he'd be sitting in there writing some- thing, and he'd have CBC Two on the radio, listening to clas- sical music. So here'd be this lovely music, Steve Borins sit- ting there writing something, and I'd go in and sit down. He'd turn around, big grin on his face, and then he was a great conversationalist and he could talk about everything under the sun," says Winkler, later adding, "It was so calm in there." Th e chief judge also recalls how well-rounded Borins was. "He'd talk about books that he'd read about politics, about world aff airs, about Israel; then he'd talk about sports — he liked to watch sports on TV. He and I shared all these interests." One of Borins' most memo- rable attributes, says Winkler, was his enormous devotion to his family. "He talked about his family all the time," he says. "He had this huge commitment and devotion to his family." Borins was also an ex- tremely warm person, noted Winkler, pointing out how he knew every judge of the Supe- rior Court and Court of Ap- peal by their fi rst name. "Everybody had that reac- tion to him: he had that con- stant big grin, and knew ev- erybody by their fi rst name," says Winkler. "He was just a friendly, warm guy, and be- cause he had this huge range of interests, he could talk to everybody about something." Borins' inspiration in the profession, says Winkler, was his father Norman Borins. He was a prominent Toronto law- yer, and the pair practised to- gether following Stephen's call to the bar. Former Ontario chief justice New titles from Canada Law Book Aboriginal Law Since Delgamuukw This new text focuses on developments in aboriginal law since the seminal 1997 Supreme Court of Canada decision . The book identifies and reviews the latest and leading cases, addressing both pragmatic considerations and implications for practitioners. Hardbound • 540 pp. • August 2009 • $115 P/C 0828010000 • ISBN 978-0-88804-486-0 Conducting Administrative, Oversight & Ombudsman Investigations This is a ground-breaking, hands-on guide to conducting investigations of any kind, including police and military oversight investigations. This book sets out the eight principles that underlie effective and credible investigations, discusses common problems that may arise and how to avoid them. Perfectbound • 460 pp. • April 2009 • $85 P/C 0966010000 • ISBN 978-0-88804-488-4 Cross-Border Litigation: Interjurisdictional Practice and Procedure Offers practical guidance on all aspects of cross-border litigation, covering everything from deciding where to commence litigation to enforcement of a judgment. Hardbound • 424 pp. • June 2009 • $115 P/C 0291010000 • ISBN 978-0-88804-484-6 Enforcing Human Rights in Ontario The Roy McMurtry, now counsel at Gowling Lafl eur Henderson LLP, led the Court of Appeal when Borins arrived. Th e pair had been friends for decades through connections within the legal community. "Steve had a richly deserved Insurance and Risk Management in Commercial Leasing This is the first resource to simplify the complicated concepts of insurance and risk management issues in the commercial leasing context. Includes over 100 case commentaries, detailed analysis and references to applicable statutes from across Canada. Hardbound • 210 pp. • April 2009 • $98 P/C 0299010000 • ISBN 978-0-88804-483-9 The Law of Banking and Payment in Canada A comprehensive treatise that addresses the regulatory policies, the key institutions, the specialized and general- purpose payment systems and the decisions of the courts of Canada on the issues they raise. Looseleaf & binders (3) • $445 Releases invoiced separately (1/yr) P/C 0197030000 • ISBN 978-0-88804-469-3 Prosecutorial Misconduct This is the essential text for Crown counsel who need to operate within the rules of law and for defence counsel who need to identify when prosecutorial misconduct occurs and the remedies that are available. Hardbound with CD-ROM • 342 pp. • July 2009 • $110 P/C 0171010000 • ISBN 978-0-88804-487-7 Shareholders Agreements: An Annotated Guide, Second Edition was recently amended to significantly change how human rights are protected, promoted and enforced in Ontario. This is the first book to outline how the new human rights system works, written by lawyers renowned for their experience in the area. Hardbound • 336 pp. • March 2009 • $98 P/C 0301010000 • ISBN 978-0-88804-485-3 Guarantee that you've addressed the complex issues of shareholders agreements and considered all the circumstances which may arise and their impact with this well-crafted and user-friendly resource. Perfectbound with CD-ROM • Approx. 340 pp. • July 2009 $90 • P/C 0860010002 • ISBN 978-0-88804-489-1 record for being a legal schol- ar," says McMurtry, who de- scribes Borins as a "very thor- ough, very precise" judge. "He left a very important leg- acy of jurisprudence," he says. Th e court has lost "a very good judge and a very loyal col- league," says McMurtry. Toronto lawyer Morris Man- ning appeared before Borins, and he fondly recalls the judge's approach from the bench. "He treated counsel with dignity and fairness, and even when some of the counsel were not as well-prepared as they should have been, he never had a harsh word — he was a very kind man," says Manning. "He was a very solid judge. He didn't fall on one side or the other. He wasn't one of those that when you read his name on the list of the court that you knew exactly where he was going. He was a very strong, academic judge, but not an unrealistic one. He had a good worldview, I think. He is going to be missed." Possibly one of Borins' most For a 30-day, no-risk evaluation call: 1.800.263.2037 CA059 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com CA059 (LT 1-2x4).indd 1 6/17/09 11:13:39 AM LT0522 prescient decisions came in the 1996 Court of Appeal ruling in R. v. Mullins-Johnson. Borins dissented from his fellow judges at the appeal court, ruling that William Mullins-Johnson — who had been convicted of kill- ing his four-year-old niece — should receive a new trial. Mullins-Johnson was exon- erated of that crime last year on the heels of new information about the quality of evidence given by now-discredited child pathologist Dr. Charles Smith. Borins is survived by his wife Elaine; daughter Gwen; and grandchildren Jeremy, Gregory, and Kayla. LT Dawn Michaeloff Bradley Crawford, Q.C. Maria Morellato, Q.C. Delgamuukw v. British Columbia Gareth Jones Ken MacDonald Mary Cornish, Fay Faraday and Jo- uman Rights Code H Anne Pickel Robert J. Frater Aird & Berlis LLP Edited by Lisa E. Moreau

• Cover
• Review Process
• A Criminal Mind
• Focus On Family Law