Law Times

Law Times • sepTember 10, 2012 Supreme Court guidance may be necessary NEWS Continued from page 1 Fearon's phone the search, the sergeant looked through and finished some "things" on it, and seized it at that point in time as evidence in relation to the investigation. Oleskiw' the cellphone, saw geant believed he had found s ruling notes the ser- "some photos in the cellphone at the time, including photos of males and a photo of a gun." Hicks and a fellow police of- ficer then proceeded to look through Fearon' out the night for evidence related to the case while he was in custody. A warrant was later granted s phone through- Local bar pitched in Continued from page 1 Windsor estimate there are roughly 100 homeless male youth in a city of about 200,000 people. "The police are constantly coming across these kids in vacant homes," says Goulin. Goulin, a former president of the Ontario Bar Association, and a group of associates on the residence's board raised $225,000 for the combines offices for counselling, classrooms, and a residential area where 10 people can live under supervision. There' kitchen and laundry room. The residence will put the young men up for 90 days. "You get them in, you get them stabilized," says Goulin. "You don't know what they're coming in with. They may be com- ing in with trauma. They may have been kicked out of the home." Administrators will first attempt to link the new resident with "You couldn't have designed a better place." The building s also a " says Goulin. purchase of a former Ukrainian religious education centre in a cen- tral Windsor neighbourhood in order to make his dream a reality. The early-1980s building is "remarkable, on Feb. 9, 2010, to search the contents of Fearon' According to the Ministry of the Attorney General's factum in Fearon, Fearon's cellphone was s cellphone. properly seized and searched according to the "existing, time- worn test" for a valid search inci- dent to arrest because it met the test' arrest being lawful, the search not being conducted in an abu- sive fashion, and it being truly incidental to the arrest. "The Crown' s three conditions. Those conditions include the confession was properly admit- ted and the trial judge did not err by admitting the evidence found on the appellant' s position is the Ministry of the Attorney General spokesman Brendan Crawley. Goldstein, however, argues s cellphone," said otherwise. "The officers involved started rifling through my client' phone when they had no reason s to believe there would be any evidence connecting him to the crime, fishing expedition. Not only did they search his phone upon arrest but they continued to go through his phone for five and a half hours aſterward. People don't realize how brutal the criminal system is until they get caught in it." Goldstein adds the appeal " says Goldstein. "It was a courts have spoken on the issue. Last year, the Ontario Court of But this isn't the first time the Appeal ruled in R. v. Manley that a cursory search of Michael Man- ley' court will have to decide where to draw the line in cursory inspec- tions of personal property. "In this case, what the Court of Appeal will have to decide is whether po- lice can conduct a cursory inspec- tion without a warrant. Part of the issue is that courts have always said searches without a warrant are unlawful. You must have ju- dicial authorization, not police authorization. So the court will have to figure out where the line is between individual privacy and the police' s right to solve a crime." incident to his arrest for a series of break-ins. Police searched the phone to determine where it had come from, but in doing so, found pictures of Manley with a sawed- off shotgun. A sawed-off shotgun had been used in a robbery in which Manley was a suspect. So far, case law on the subject s cellphone was lawful. Manley' s cellphone was seized has been divided with some rul- ings indicating both minimal limitations on the scope of such searches while others have been stricter. However, the courts have drawn no clear lines as of late. For his part, Goldstein says a Supreme Court of Canada ac- tion may be necessary to bring more clarity to the issue. LT LUNCHEON SEMINAR his family. If it proves impossible for the youth to return home, he can stay at the residence. But there are conditions. The youth must be in school if still of age. The house is strategically located close to bus routes and high schools. While in the residence, youth also learn life skills such as cooking, doing laundry, and keeping their rooms clean. Aſter 90 days, they can apply for welfare and move into a shared subsi- dized residence. Legally at 16, they're independent and can't be compelled to return home. Justice Micheline Rawlins of the Ontario Court of Justice in Windsor, who's also a longtime community activist, says no oth- er agency wants these young men. Children's aid services usually Size Doesn't Matter: Balancing Expectations And Resources In Law Firm Marketing Departments THURSDAY, SEPT. 27, 2012 Toronto Board of Trade 4th floor – Rooms A,B,C,D 1 First Canadian Place, Toronto, ON. 12:00 p.m. – 12:30 p.m. Registration & Lunch 12:30 p.m. – 2:00 p.m. Seminar Program look aſter kids by putting them in foster care until age 16. Unless adoption is in the offing, agencies are reluctant to go further and apply for Crown ward status. As a result, homeless teens can slip into crime because they have no resources. "When people are kicked out of their home, they have to eat," says Rawlins. "So they're going to steal something to eat, or they're going to break into someone' sleep there because they know no one's there. Now that's break and enter and you're stealing the food. That's break and enter s residence or they eat and with intent even though you're doing it for survival purposes." The fundraising drive has been a truly grassroots effort. The le- Join us for an engaging panel discussion about the challenges faced by marketing and business development departments and how to balance competing priorities to build winning strategies. Moderated by Karen Lorimer, Director, Canadian Lawyer/Law Times Media, a Thomson Reuters business, the panel includes: · Gabriella O'Rourke, Director, Business Development, WeirFoulds · Laurie Hause, Director of Technology & Marketing, Siskinds · Falon Leach, Marketing Manager, Bereskin & Parr To register, visit: www.legalmarketing.org/toronto and click on EVENTS Untitled-5 1 12-09-06 4:04 PM THE TERRY FOX RUN FOR CANCER RESEARCH gal community has contributed generously. The local bar donated money, as did the OBA, which gave Goulin funds for the residence as a parting giſt from his presidency at the organization. Windsor criminal lawyer Ken Marley says lawyers came to- homeless youth and crime but notes he has seen evidence of it. "So if there' or living from friend's house to friend's house and at the same time get some positive role models, that's more than helpful." Marley says he can't provide a statistical correlation between s a place where they can get out of living off the street s been working towards for many years." for almost 40 years of making a good living defending such youth, it also represents an ongoing commitment to the more vulnerable members of the community. "You've got to continue to earn it," he says. For Goulin, his personal mission is not only "payback time" LT gether to support the venture. "I think there was also a certain amount of respect for Mr. Goulin, for whom this has been a big cause, one he' Inspired By A Dream Grounded In Tradition Volunteer-Driven NO ENTRY FEE NO MINIMUM PLEDGE Walk-Run-Wheel-Ride Marketplace many CA's. Dufferin-Finch. Rick 416-665-7735 OFFICE SPACE OFFICE SPACE - Grow your practice in a professional setting housing To advertise call 416-649-8875 www.lawtimesnews.com Event Sponsor WHO SHOULD ATTEND? Consultants LMA Member: $55 Guest: $75 PAGE 5 1 888 836-9786 terryfox.org SUNDAY, SEPTEMBER 16

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