Law Times

PAGE 4 NEWS Thousands of province's civil servants in $100,000 club salarydisclosure/2009. Surname First Name Organization BRENNAN DAVID S. LYLE MICHAEL AGOSTINO JOSEPH SEGAL SPENCER over the $100,000 mark with nearly 1,500 of them taking home a total just under $228 million. Ontario Court Chief Justice Annemarie Bonkalo's 2008 salary was $311,082 with $4,051 in taxable benefi ts. Associate Chief Justice Peter Griffi ths earned $297,107 plus $3,971 in benefi ts. As- sociate Chief Justice/Co-ordinator of Justices of the Peace Justice John Payne earned $307,459 plus $3,971 in benefi ts. Most provincial court judges earned $260,735 with $3,632 in taxable benefi ts, though regional senior justices earned a bit more. Case management masters earned $188,198 and $339 of benefi ts, while justices of the peace had a salary range of $104,031 with benefi ts of $140 to $194,979 with benefi ts of $193. Law Times has compiled a list in descending order by salary of those who work in legal-related occupations, including at universities, municipalities, school boards, Crown agencies, and more. Th e list is complete to our knowledge, although certain individuals may be omitted due to the process used in itemizing some occupations in the government's list. Th e Law Times list is available online at www.lawtimesnews.com. To view the Finance ministry's entire salary disclosure list go to www.fi n.gov.on.ca/english/publications/ T Th e Ministry of the Attorney General has the lion's share of provincial government employees earning Position Ontario Power Generation Ontario Power Authority Hydro One MURRAY Attorney General PAMELA C. Cancer Care Ontario MORAN MAYO MONAHAN PATRICK MOATE STEVEN TREBILCOCK MICHAEL University of Toronto York University University of Toronto University of Toronto IACOBUCCI EDWARD University of Toronto WADDAMS STEPHEN WEINRIB ERNEST STUART LANGILLE WARD CROWN EARL BRIAN A. ROBERT DYZENHAUS DAVID RODNEY University of Toronto University of Toronto Ontario Power Generation University of Toronto Legal Aid Ontario University of Toronto Hydro One Senior Vice President, Law/General Counsel General Counsel/Vice President, Legal & External Affairs General Counsel Dep. Attorney General Salary Benefits $552,564.96 $2,651.28 $291,447.98 $1,043.25 $284,777.95 $2,268.00 $272,887.25 $20,486.16 Vice President, Corporate Services/General $270,056.06 $8,212.46 Counsel/Chief Privacy Officer Professor/Dean, Faculty of Law Dean, Osgoode Hall Law School Senior Legal Counsel to the President University Professor, Law & Economics Professor, Law Professor, Law $268,914.00 $33,768.36 $266,843.83 $1,288.24 $260,545.48 $254,578.50 $250,318.98 $247,496.52 University Professor, Law (cross appointed $247,053.48 to Classics) Asst. General Counsel Professor, Law President/Chief Executive Officer Professor, Law & Philosophy/Associate Dean, Graduate Studies Asst. General Counsel he Ontario Ministry of Finance each year releases the salaries, names, and positions of pub- lic sector employees who earn over $100,000. Th e most recent list was released earlier this month and covers salaries for 2008. April 27, 2009 • lAw Times Decision could cause backlog Continued from page 1 "It is true that forfeiture may have de facto punitive eff ects in some cases, but its dominant purpose is to make crime in general unprofi table, to capture resources tainted by crime so as to make them unavailable to fund future crime and to help compensate private individuals and public institutions for the costs of past crime," the court wrote. "Th ese are valid provincial objects. Th ere is no operational confl ict between the forfeiture provisions of the Criminal Code . . . and the CRA. It cannot reasonably be said that the CRA amounts to colourable criminal legislation." Chatterjee's lawyer, Levine Sherkin Boussidan Barristers partner James Diamond, says, "It appears there's certainly a blurring of the lines between federal and provincial jurisdictions. I'm not saying it's the end of federalism as we know it, but it certainly appears that it's leaning that way." Diamond also points to access to justice issues of the CRA, sug- gesting that cash-strapped individuals facing the forfeiture of property won't qualify for legal aid. Th at could make it hard or impossible to aff ord proper legal representation. "Th at is certainly a problem that needs addressing, in my opin- $377.76 $283.32 $566.64 $330.54 $330.54 $245,820.96 $1,687.74 $244,243.02 $22,177.80 $243,274.71 $9,413.00 $242,275.58 $242,087.23 ion," he says. Chatterjee's other lawyer, Stevensons LLP partner Richard Mack- lin, says other provinces will now move forward with similar legisla- tion to the CRA. But he says the constitutionality of the law could be further questioned. "Th e instruments of crime section in the bill deals with a situation where someone may be the owner of a property where some drug transaction is going on, for example, and if the home were seized, that would be punish- ment, as opposed to seizing the drugs or the proceeds from them," says Macklin. "Th ere's an interesting issue left on proceeds, I suppose, where if the taking of a house that you own free and clear, because a drug transac- tion went on in there, then you're being punished. And that seemed to be left open by the court." Blake Cassels & Graydon LLP senior associate Allison Th ornton, who represented the intervener Canadian Civil Liberties Association in the case, calls the CRA "criminal law through the back door." Th ornton says the Supreme Court "took a very broad view of property law, and basically from our perspective let the form of the law prevail over its substance." She says the decision is precedent setting in terms of courts' interpreta- $283.32 $595.84 tion of provincial jurisdiction "in suggesting that the provinces do have a very broad general ability to make law that has the objective of deterring and punishing crime." She adds, "Notwithstanding that, from our perspective, that is the heart and soul of what criminal law is and should be done at the other level of government, where individuals would have the protections they have in a criminal proceeding." Toronto criminal defence lawyer Peter Zaduk suggests the decision will further clog the province's overburdened courts. He says the average case involving an alleged grow house lasts about seven days. "Th ere's lots of people that might make a deal and plead guilty, Ontario Planning Legislation 2009 Consulting Editor: Bruce Engell LT who won't do that now because they stand to lose their houses if they're convicted," says Zaduk. "So you're going to have a big backlog in the courts." 'Overwhelming' case Includes 32 regulations! Updated each year, Ontario Planning Legislation reflects the changes made during the past year, keeping you up to date and informed. 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. Inside the 2009 Edition you'll find: the completely updated • • • • • Planning Act a Table of Contents listing all section and regulations with subject and page numbers to speed your access to the material a detailed legislative history of the Act and regulations a page layout that allows you to quickly identify the section you're looking for a comprehensive and thorough subject index that streamlines your research ORDER your copy today Perfectbound • 306 pp. • May 2009 • Standing order $61 P/C 0812140000 • Current edition only $71 • P/C 0812010000 Multiple copy discounts available • ISSN 1910-3689 Th e RCMP was forced to wrap up its undercover operation relat- ed to Rosenfeld in August 2002 after the FBI decided to end a related operation, wrote Doherty. Rosenfeld was arrested and had received about $43,000 through the two transactions. Th e Crown had "an over- whelming case against" Rosenfeld, wrote Doherty. Evidence against him included intercepted commu- nications, videotaped meetings, and "highly incriminating mate- rial" found in his home when he was arrested. "Th e appellant did not testify," wrote Doherty. "No substantive defence was advanced at any time in the lengthy trial, including in trial counsel's closing address. Nor could counsel for the appellant, when invited to do so in this court, suggest any possible defence on the merits." Law Times was unable to speak with Rosenfeld's appeal lawyer by press time. Th e Court of Appeal gave a pair Continued from page 1 For a 30-day, no-risk evaluation call: 1.800.263.2037 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 Ont Planning Legislation (LT 1-x3).indd 1 4/22/09 12:10:16 PM LT0427 of reasons for why Rosenfeld's sta- tus as a lawyer was aggravating. "First, apart from the specif- ics of the off ences committed by the appellant, those privileged to practise law take on a public trust in exchange for that privi- lege and the many advantages that come with it," wrote Do- herty. "Lawyers are duty bound to protect the administration of justice and enhance its reputa- tion within their community. Criminal activity by lawyers in the course of performing func- tions associated with the practice of law in its broadest sense, has exactly the opposite eff ect." Th e appeal court said the sec- ond reason relates to specifi c as- pects of this case. "Th e wiretap interceptions and Majcher's evidence demonstrate that the appellant appreciated the advantage to a money laundering operation of both the solicitor's ex- emption from the reporting condi- tions and the client/solicitor privi- lege," wrote Doherty. "Th e appellant's willingness to prostitute his legal services and abuse the special privileges associated with them are signifi - cant aggravating features of his conduct." LT

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