Law Times

Law times • SEPTEMBER 8, 2008 NEWS PAGE 5 Opening of the Courts ceremony has new look BY ROBERT TODD Law Times tomorrow, and questions from the media on the state of Ontario's justice system to top judges is the odd event out. Ontario Chief Justice T here will be a new look to the traditional Opening of the Courts ceremony Warren Winkler earlier this year announced changes would be made to the ceremony, which was resurrected in 1997 by then- chief justice Roy McMurtry after a prolonged hiatus. The most glaring shift enacted by Winkler was a change of date for the ceremony from January to September 9, a date more in line, according to the Ontario Courts web site, with "what is for most participants in the justice system, the start of a 'new' year." Winkler reportedly got the go-ahead for that change from Superior Court Chief Justice Heather Smith and Ontario Court of Justice Chief Justice Annemarie Bonkalo. Under McMurtry, the ceremony included the only opportunity throughout the year for the press to direct questions on the state of the courts to all Goudge to release findings Oct. 1 BY ROBERT TODD Law Times week that its report will be released to the public Oct. 1, and unveiled at a press conference at the Metropol- itan Hotel in Toronto. The report also will be posted on the inquiry's web site at www.goudgeinquiry.ca. The Inquiry into Pediatric Forensic Pathology in Ontario was established in April 2007 with a mandate to conduct a review and assessment of the "policies, procedures, practices, account- ability, and oversight mechanisms, quality control measures, and institutional arrangements of pediatric forensic pathology in Ontario from 1981 to 2001 as they related to its practice and use in investigations and criminal proceedings," according to a release from the inquiry. The inquiry was set up after it was revealed that now-dis- graced pathologist Dr. Charles Smith made mistakes in his work on 20 investigations of child deaths. He appeared in court as an expert witness in many of the cases, although it was later revealed that he was not trained on the subject. The inquiry held public hearings into the matter from No- his findings next month on the province's pediatric fo- rensic pathology system — giving his much-anticipated insight into a subject that has been the target of fierce public scrutiny. The inquiry said last O ntario Court of Ap- peal Justice Stephen Goudge will release Stephen Goudge vember 2007 to February 2008, with closing submissions heard March 31 and April 1, 2008. Transcripts and other information about the inquiry also are available on its web site. While it remains to be seen just what Goudge's report will focus on, the inquiry proceedings have stimulated what many believe are much-needed developments in the system. 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All rights reserved. Court Patrick LeSage, along with other judges, told the inquiry that courts must do a better job scrutinizing the testimony of expert witnesses. The inquiry also may have prompted a decision by the pro- vincial government to create a child homicide team that will deal only with such cases. Testifying at the inquiry in Febru- ary, Assistant Deputy Attorney General Paul Lindsay said the group would be made up of nine senior Crown prosecutors, and Crowns across the province will be forced to keep the team abreast of relevant cases. While much of the inquiry's work focused on the actions of Teranet_LT_Aug25-Sep1_08.indd 1 8/20/08 9:23:00 AM CONTACT US For more information and to register for the Closure service, visit www.closure.ca or contact us at: 416-360-1190 press 5 1-800-208-5263 press 5 info@closure.ca the chief justices sitting together at a press conference. But that feature has been eliminated. Lori Newton, special counsel to the chief justice, says the press conference was deemed not to fit in with the new ceremony's more jovial atmosphere. "It's turned into a focus on a celebration of the commencement of the court year," she says. Newton says the press is free to ask for individual meetings with the chief justices, but adds it's unlikely such interviews could be scheduled on the day of the ceremony, as the chief justices have a busy set of events to attend. The day's itinerary will now consist of an interfaith service at 10 a.m., a 1:30 p.m. ceremony in which the winner of the Ontario Justice Education Network Chief Justices' Award will be honoured, the traditional opening of the courts ceremony in courtroom 6-1 at 361University Ave. at 3:30 4:30 p.m., says Newton. She says the chief justices hope to put more emphasis on the OJEN prize, and suggested its spot at the Opening of the Courts ceremony will better showcase the award. The chief justices present Chief Justice Warren Winkler announced earlier this year changes to the Opening of the Courts, including a move from January to September. p.m., and a new reception hosted by the Law Society of Upper Canada at Convocation Hall at the award to someone in the province who has made a significant contribution to justice education. It's traditionally been handed out at an event deemed relevant to the recipient. Newton says organizers also hope to shorten the speeches at the Osgoode Hall ceremony. When put together, the addresses have traditionally lasted longer than a one-hour schedule, she says, but a stricter cap will now be enforced so attendees can head to Convocation Hall for the LSUC reception. "Hopefully we'll have a sunny day," says Newton. LT Smith, his lawyer told the commission he was simply the prod- uct of a broken system. Niels Ortved pressed Goudge to see past criticism of Smith when writing his report and focus on the lack of protocols for pathologists to follow. Government lawyers and counsel representing victims affect- ed by Smith's work butted heads on whether Goudge's report should include a recommendation for compensation. The final decision on that is up to the commissioner, but Premier Dalton McGuinty also weighed in, telling the press that the province will deal with that issue following the report's release. LT To advertise in an upcoming issue, contact our sales team: Karen Lorimer 905-713-4339 klorimer@clbmedia.ca www.lawtimesnews.com kpascoe@clbmedia.ca Kimberlee Pascoe 905-713-4342 rnoonan@clbmedia.ca Rose Noonan 905-726-5444 HANG UP YOUR RUNNING SHOES 3694/08.08

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