Law Times

Page 4 February 27, 2017 • Law Times www.lawtimesnews.com NEWS NEWS NEWS Toronto lawyer new parliamentary secretary to justice BY DALE SMITH For Law Times F or a former federal pros- ecutor who had a career of guns and gangs cases before moving to private practice and eventually poli- tics, you could forgive someone for harbouring the notion that Marco Mendicino might have a tough approach to dealing with rough-and-tumble situations. But former colleagues and opponents are united in saying that he is entirely the opposite. Mendicino, who was named as parliamentary secretary to federal Minister of Justice and Attorney General Jody Wilson- Raybould on Jan. 26, is a mem- ber of Parliament for Eglinton- Lawrence. In the role, Mendicino will have his work cut out for him, representing the minister on challenging files such as review- ing the criminal justice system, sentencing reform, access to jus- tice and court delays. And unlike his fellow parlia- mentary secretary for justice, Bill Blair, who is stick-handling the marijuana file, Mendicino gets to handle everything else, as well as answer for the minister when she's not in question period. "He will take his position, he will advocate it strongly, he will respect the right of counsel on the other side to do exactly the same and would expect noth- ing less from them," says Breese Davies of Breese Davies Law in Toronto. Davies was one of the defence counsel opposite Men- dicino on the Toronto 18 case. The 2006 case revolved around an al-Qaida-inspired terrorist plot to attack targets in Toronto and Ottawa, which re- sulted in the arrest of 14 adults and four youths. "At the end of the day, you can still have a civilized, collegial, friendly relationship with him and it doesn't compromise any- body's positions," Davies says. "He just is very respectful of everybody's role in the system, and the system itself, which is amazing." Mendicino was born in To- ronto, did an undergraduate degree at Carleton University in Ottawa and then went to law school in Windsor, Ont. "I articled at the department of justice and began my career as a federal prosecutor in 2002, where I was assigned to various teams," says Mendicino. "For the first part of my career there, I did drug prosecutions, but then started to work on cases involving organized crime, and guns and gangs cases, and then in 2006, I was assigned to the Toronto 18 case, which involved national security, and I worked on that for three years." Mendicino says that he still remembers the call from then- Ontario regional director of the Public Prosecution Service of Canada, Morris Pistyner. "He said that it was going to be a case of some importance, and that it was going to require a lot of time away from family, and a big sacrifice, but given the cir- cumstances around the case, the uniqueness of the charges under the Anti-Terrorism Act, it was going to be a great experience professionally," says Mendicino. "We had a fantastic team of prosecutors, but also made some long-lasting relationships with a number of the defence lawyers on the other side of the file since we spent the better part of three years together." Defence counsel such as Da- vies say that the case was par- ticularly difficult, both as a test case for the Anti-Terrorism Act powers but also managing the large number of co-accused. "There were also a lot of differ- ent personalities and approaches to defence in terms of counsel for the co-accused, so it was a chal- lenge," says Davies. "There was enormous media attention. "It was the sort of case that could become very acrimonious, it could become very difficult, people could get very dug into their positions, and Marco really wasn't like that. He really was a symbol of civility in the process." Likewise, Faisal Mirza, part- ner with Mirza Kwok Defence Lawyers in Mississauga, Ont. and another of the defence counsel on the case, praises Mendicino's professionalism. "We didn't agree on much in terms of the legal issues, but we had a respectful, professional working relationship," says Mir- za. "At the end of it, we all walked out of there with a sense of re- spect for the job that the other side had done." Of Mirza's clients with which he was opposite Mendicino, one youth had their charges with- drawn and entered into a peace bond after the preliminary hear- ing and one was convicted and sentenced to time served. Following the Toronto 18 case, Mendicino spent three years as the president of the As- sociation of Justice Counsel, which represents lawyers work- ing in both the Justice Depart- ment and the Public Prosecution Service of Canada before spend- ing a year at the Law Society of Upper Canada in a management capacity, working primarily on the counsel team that investi- gated allegations of misconduct. By 2013, Mendicino decided it was time to move into private practice. "The main reason was that I was looking to expand the diversity of my experience," says Mendicino. "Having spent the first part of my career in the public sector, I was keen to really become more experienced in practising in the private sector. "The jump into the private sector was really a conversation that I started with a friend who I'd known since articling year, Bonni Ellis, who is now a suc- cessful partner at [Lerners LLP]." With Ellis, who has known Mendicino since she met his wife, Diana Iannetta, when they articled together in a downtown Toronto firm, he formed Ellis Mendicino LLP. For two years, he practised in a variety of different areas, prin- cipally in regulatory law, pro- viding independent legal coun- sel to a number of regulatory bodies in health and financial services, as well as providing ad- vice to other clients on issues re- lated to labour and employment and criminal law. For his part, Mendicino hopes that he will bring a sense of balance to his new role, as well as be able to draw from his expe- rience to add to the quality of de- bate in the House of Commons. But when asked about what files he's looking forward to tackling, Mendicino grows circumspect. "I will be happy to work on whatever file the minister asks me to," he says. "It's a large portfolio. The de- partment of justice works very closely with the government on an array of policy issues. "I was absolutely delighted when I got the call from the prime minister, and we have a phenomenal minister in Jody Wilson-Raybould. "There's a whole suite of pol- icy that I will be quite eager to work with her on." LT Marco Mendicino, a Toronto MP and former federal prosecutor, will be assisting federal Attorney General Jody Wilson-Raybould. SKIMMING THE SURFACE IS FINE UNTIL A DEEPER DIVE IS REQUIRED. Start with Practical Law Canada. Whether you need a surface view or a deeper understanding of a legal issue, Practical Law Canada offers up-to-date, straightforward how-to guides, annotated standard documents, checklists, and more. Our expert lawyer-editors have significant practice experience. They create and maintain hundreds of practical resources to match the needs of practitioners in the following practice areas: • Capital Markets & Securities • Corporate and M&A • Commercial Transactions • Employment • Competition • Finance • Corporate & Commercial Litigation For more information or to sign up for a free trial, visit www.practicallaw.ca © 2016 Thomson Reuters Canada Limited 00242CZ-85651-NK Untitled-1 1 2017-02-21 9:51 AM www.twitter.com/lawtimes Follow on

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