Law Times

PAGE 4 Douglas inquiry facing 'remarkable schamuzal' NEWS W BY KENDYL SEBESTA Law Times Bench Associate Chief Justice hile the inquiry determining the fate of Manitoba Court of Queen' s Lori Douglas has faced a litany of challenges, at least one On- tario legal observer doesn't be- lieve the case should change the application process for judges. James Morton, a Toronto lawyer and past president of the Ontario Bar Association, says changing the application process for judicial appointments to pre- vent similar inquiries isn't a like- ly solution. "To say you have to change the entire system makes me think that' a problem that doesn't exist," says Morton, who notes the case s a big change for against Douglas resolves largely around what she did or didn't disclose when she was applying to be a judge. Douglas has been in the hot seat following allegations that she and her husband sexually harassed one of his husband' GET NAMES, MAILING ADDRESSES, EMAIL ADDRESSES AND PHONE NUMBERS FOR LAWYERS AND LAW OFFICES IN B.C., NUNAVUT, NORTHWEST TERRITORIES AND THE YUKON Published October of each year Spiralbound • L88804-588 Prices subject to change without notice, to applicable taxes and shipping & handling. former clients, Alexander Chap- man, nearly nine years ago. Chapman complained to the Canadian Judicial Council in 2010. An initial review of the case and a later examination de- termined the matter should pro- ceed to a full inquiry. Morton says it' in Canadian history that an in- quiry of this type has taken place. "Really, it is a remarkable schamu- zal, s the only time In one handy volume you'll have a single means of access to every lawyer and law firm in B.C., Northwest Territories, Nunavut and the Yukon. PUBLISHED ANNUALLY, THE CURRENT EDITION INCLUDES: • B.C. Notaries • B.C. 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"Th ere's all sorts faced its latest roadblock in late August when Guy Pratte, a liti- gation partner at Borden Lad- ner Gervais LLP, submitted his resignation letter from his role as independent counsel during the proceedings against Doug- las. As independent counsel in the case, he had the task of presenting evidence that could be seen as both favourable and unfavorable to Douglas. Pratte' In the meantime, the inquiry " YOUR ESSENTIAL GUIDE TO HANDLING TREATY RIGHTS CASES ABORIGINAL & TREATY RIGHTS PRACTICE MARY LOCKE MACAULAY FOREWORD BY THE HONOURABLE IAN BINNIE, FORMER JUSTICE OF THE SUPREME COURT OF CANADA Find the authoritative guidance you need to handle treaty rights cases in this practical, easy-to-use resource. 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It's like getting unlimited copies for the price of one.* As part of the Carswell eReference Library®, the eReference looseleaf offers the convenience of seamlessly integrated updates and the efficiency of searching and tracking features. For more information visit www.carswell.com/ereference *Pricing is different for IP authentication users. people with a number of ques- tions, particularly since he has so far declined to say why he quit. When asked about his res- ignation, Pratte told Law Times in an e-mail that he wasn't in a position to comment. "Unfortu- nately, I am not in a position to do so at this time. Th ank you for your interest," he wrote. Pratte' s resignation has leſt lawyers scratching their heads. "I was surprised like everyone else, says Earl Cherniak, a partner at Lerners LLP who has also acted in the role of independent coun- sel at a previous inquiry before the council. "In my view, independent s move has leſt many " counsel is concerned with the public interest. 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Pratte indicated in July that he might step down if the aggressive questioning by the com- mittee' But Morton says he isn't sure if Pratte's strict interpretation of the s lawyer didn't end. notion of bias on the part of the committee applies as strictly as the Ottawa lawyer would assume. "In discipline hearings, the roles are a little blurred, " says Morton. www.lawtimesnews.com s September 10, 2012 • Law timeS 'I don't know if a strict approach really applies quite as strictly as Pratte would like to assume,' says James Morton. approach really applies quite as strictly as Pratte would like to as- sume. In my experience, inquiries are a lot looser in their approach to that type of involvement." Still, Morton says while the details of Pratte's resignation aren't yet clear, it's obvious that he was was unhappy. "Th e details involving his resignation don't appear to have been made clear yet. But it appears as though he was not at all content with the way things were proceeding. Th ere have a number of com- mittees in the past where counsel resigned or didn't continue for health reasons. But unless the de- sire is to use this to call an end to the inquiry, one can't be certain." Th is isn't the fi rst diffi culty the inquiry has come up against. Aſt er less than two weeks of hearings in July, the inquiry went on a hiatus and faced re- peated delays aſt er Douglas' law- yer voiced concerns about the fi ve-member inquiry commit- tee. Her counsel, Sheila Block, argued the inquiry committee had shown bias against Douglas. Block has since gone to court to put a stop to the inquiry. Th e inquiry committee is made up of three provincial chief justices and two lawyers. Th ey've denied the allegations of bias. For Cherniak, his involve- ment as independent counsel re- lated to former justice Paul Cos- grove, who resigned in 2009 aſt er facing potential removal from the bench for his actions during a 1999 murder trial. Th at inquiry involved allega- tions connected to the judge's performance in his judicial duties rather than his personal life. Th at' a fact, says Morton, that makes the Douglas inquiry particularly unique. "Really, I think the per- sonal life of a judge is very much irrelevant," says Morton. "Frankly, I would suspect the s "I don't know if a strict average Canadian would shrug their shoulders if you told them." In the meantime, the coun- sel is looking for Pratte's re- placement. Norman Sabourin, executive director and senior general counsel at the council, declined to comment on Pratte' reasons for resigning. He noted, however, that the council is cur- rently looking for an immediate replacement. LT s

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