Law Times

Page 6 December 12, 2016 • Law Times www.lawtimesnews.com COMMENT ©2016 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written per- mission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reli- ance upon information in this publication. Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd. LT.editor@thomsonreuters.com CIRCULATIONS & SUBSCRIPTIONS $199.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $199 + HST per year for online only. Single copies are $5.00. Circulation inquiries, postal returns and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact Keith Fulford at .............. 416-649-9585 . . . . . . . . . . . . . . . . . . . . . . or fax: 416-649-7870 keith.fulford@thomsonreuters.com SALES AND BUSINESS DEVELOPMENT Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Business Development Consultant: Ivan Ivanovitch ...................................416-887-4300 ivan.ivanovitch@tr.com Canadian Sales Director, Legal Canada: Brett Thomson ....................................416-881-4013 brett.thomson@tr.com Client Development Manager: Grace So .............................................416-903-4473 grace.so@tr.com Account Manager: Kimberlee Pascoe ...............................416-996-1739 kimberlee.pascoe@tr.com Account Executive: Steffanie Munroe ................................416-315-5879 steffanie.munroe@tr.com Director/Group Publisher . . . . . . . . . Karen Lorimer Managing Editor . . . . . . . . . . . . . . Jennifer Brown Editor . . . . . . . . . . . . . . . . . . . . . . Gabrielle Giroday Staff Writer . . . . . . . . . . . . . . . . . . . . .Alex Robinson Copy Editor . . . . . . . . . . . . . . . . . . Patricia Cancilla CaseLaw Editor . . . . . . . . . . . . . . . . . . Leah Craven Art Director . . . . . . . . . . . . . . . . . . . Phyllis Barone Production Co-ordinator . . . . . . . . .Catherine Giles Electronic Production Specialist . . . Derek Welford Law Times Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 • Tel: 416-298-5141 • Fax: 416-649-7870 www.lawtimesnews.com LT.editor@thomsonreuters.com • @lawtimes u EDITORIAL OBITER By Gabrielle Giroday And to all, a good year Many people have decried 2016 as a year of the terrible and chaotic. An unrelenting stream of deaths of notable people. Troubling so- cial and political events around the globe. Divisions involving race, sexual orientation, class and gender — that sometimes feel intractable. But I don't buy 2016 was a year of darkness. This issue of Law Times contains our Newsmakers magazine, which focuses on the year's top stories. Many of these stories illuminate important (and hope-encourag- ing) developments for the year ahead. In January 2016, I had the privilege of becoming editor of Law Times. Over the last 12 months, I had the opportunity to meet, chat, cor- respond with and edit stories involving the best and brightest people the legal profession has to offer. Our writers, columnists and the people we interview and write about do not always agree. But the vast majority of lawyers and judges I've met are passionate about their profession and enthusiastic about engaging with the law (in all its winding complexity, sprawling subject matter and techno- logical dawdling). They are practising and applying the law in a manner that is fair, thoughtful and intellectually rigorous, on issues ranging from prison lockdowns to legislation critiques. Jordan influences Ottawa judge BY RICHARD CLEROUX A war vet accused of murdering a construction worker walked free without trial out of an Ot- tawa court, due to a Supreme Court of Canada ruling, R. v. Jordan. The accused, Adam Picard, 33, had been charged in December 2012 with first-degree murder in the June 2012 kill- ing of Fouad Nayel, whose decomposing body was found five months later in the woods near Calabogie, Ont. In Jordan, the Supreme Court ruled that from now on, when a trial takes an "unreasonable" amount of time, the ac- cused goes free without trial. The court — fed up with what it called "a culture of complacency" in murder cases — ruled that from now on Superior Court trials would have to be complet- ed within 30 months from the date the charge was laid. In provincial court, cases would have to be completed within 18 months after a charge was laid. Otherwise, the accused would walk. Nobody knew where this would lead. Would lawyers try to stall court cases so clients would be let go without trial? Would prosecutors rush trials so as not to lose the accused? What about cases that had already begun before the ruling came in? Nobody real- ly seemed to know. Canada got its shock and surprise in the Picard murder case Nov. 15 in an Ottawa Su- perior Court. Picard walked. There was no trial. Judge Julianne Parfett announced that the murder charge against Pi- card was stayed. Her math was right. Getting charged for murder in December 2012 and just starting the trial in mid-November 2016 is more than 30 months later by any- body's calendar. And that is too long, the Supreme Court had ruled during the summer. On top of that, Picard had spent those four intervening years in jail, just as if he'd been tried, convicted and was al- ready serving his sentence. But throwing out a case just because it took too long to get started? Is that how the system of justice will be administered from now on? Picard appeared pleased with the stay of proceedings. He left the courtroom immediately. "I can't wait to start my life all over again," he said. "I knew I was innocent." Parfett said that a stay of proceedings is not the same as a verdict of innocence. The judge knew what she had done. When a Supreme Court decides to change the rules and you are a Superior Court judge, you don't have much choice but to follow the rul- ing. She did. "A stay of proceedings is not the same as a verdict of not guilty," Parfett said. She wanted everybody to know Picard had not been found inno- cent. Nor was he guilty. The case had merely been tossed out. But this case will follow Picard all his life. He won't be able to say he was acquitted, but then he can say he wasn't convicted. Some people may call it a technicality and may even say it to his face. It will not be pleasant. Ottawa lawyer Lawrence Greenspon, who represented Picard, says he knows how Picard must feel. Parfett told the court that she had thought for a long time about her deci- sion. She knew what it entailed. Green- spon had discussed the possibility of a stay of proceedings beforehand with his client. Parfett told the court plainly, "In this present case, the justice system has failed the accused and the public." She turned to face the parents of the murdered man. The mother, Nicole Nayel, was crying and taking out her an- ger verbally against the court. So was the father, Amine Nayel, who had last seen his late son on Father's Day 2012 as he left home to pick up a pizza for them to eat, as they prepared to watch a football game together on TV. "Shame on all of you," muttered the father as he walked out of the courtroom. "I don't care whose fault it was. What about us? Don't we count?" The next day, there were already angry sign-carrying protesters in front of the courthouse. Before things got further out of hand, Ontario Attorney General Yasir Naqvi called an investigation and, less than 72 hours later, the Crown pros- ecutors had already filed an appeal. This case isn't over yet by a long shot. LT uRichard Cleroux is a freelance reporter and columnist on Parlia- ment Hill. His email address is richardcleroux34@gmail.com. Our readers are beneficiaries of their insight. Therefore, I am looking forward to 2017. The world will be a stronger place because of our print and digital readers (and interview subjects) by the very nature of their engagement. We look forward to covering important facets of their professional world in the year ahead. Welcome, 2017. LT The Hill Richard Cleroux

• Cover