Law Times

September 18, 2017

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Page 16 September 18, 2017 • Law timeS JUDGE SUSPENDED The Ontario Judicial Council has issued a 30-day suspension to a judge who wore a "Make Amer- ica Great Again" hat in court. Ontario Court Justice Bernd Zabel has been suspend- ed without pay and reprimanded for what an OJC panel found was a breach of a fundamental prin- ciple that judges be impartial and not express political views. Zabel faced possible removal from the bench, but the panel found that was too harsh a penalty. "In this case, a judge with a lengthy and stellar record of ser- vice committed a single aberrant and inexplicable act of judicial misconduct," the decision said. Zabel was initially suspended in December after he sported the red ball cap associated with supporters of President Donald Trump in a Hamilton court the day after the 2016 U.S. presidential election. Lawyers, scholars and members of the public submitted 81 com- plaints in all about the episode to the OJC. At his OJC hearing, Zabel admitted he had engaged in miscon- duct. The panel found Zabel's conduct was serious and that it harmed the reputation of justice in Ontario. However, the panel also found that Zabel realized his conduct was unacceptable, regretted his ac- tions and has made efforts to change. The panel also noted other mitigating factors such as Zabel's un- blemished record from 27 years on the bench, apart from the incident in 2016. PROVINCE INTERVENES The province of Ontario's Min- istry of the Attorney General has backed the Law Society of Upper Canada's stance not to accredit graduates of Trin- ity Western University, saying that to do so would be to limit educational opportunities for LGBTQ law students. The fight over accredita- tion from the proposed British Columbia-based law school — which has a community cov- enant that requires students only engage in sexual activity in mar- riage with someone of an oppo- site sex — made its way to the Su- preme Court earlier this year. AWARD GIVEN Kenneth Cole of Epstein Cole LLP has received the 2017 Catzman Award for Profes- sionalism and Civility. Cole, a founding partner of the firm who has been in practice since 1978, accepted the award at the Opening of the Courts ceremo- ny Sept. 12. "Mr. Cole is a leader of the bar and a highly respected and civil advocate," according to a news release from The Advo- cates' Society. The award was created by the Catzman fam- ily to honour the late Marvin A. Catzman of the Court of Appeal for Ontario, with The Advocates' Society and the Chief Justice of Ontario's Advisory Committee on Professionalism. 38 % NO, I DO NOT AGREE YES, I AGREE 62 % LAW TIMES POLL Law Times reported the federal government has tabled a massive omnibus bill to over- haul the country's national secu- rity regime. Readers were asked if they had legal concerns about how impacted people could re- move themselves from no-f ly lists. About 62 per cent said yes, they had concerns about how clients impacted by being on the list could pursue litigation to have themselves removed. An- other 38 per cent said no, an en- hanced security regime meant certain legal tradeoffs. LT u Bizarre Briefs By Viola James u The InsIde story Lawyers Ricardo Federico and Giulia Gambacorta, who represented Justice Bernd Zabel, spoke to reporters after the OJC hearing in August. MONKEY SELFIE LAWSUIT SETTLED A novel U.S. legal battle over who owned a fa- mous smiling "selfie" taken by a critically en- dangered monkey six years ago — the animal who snapped the picture or the nature pho- tographer who owned the camera — has been settled out of court, reports Reuters. Attorneys for Naruto, a rare crested ma- caque, and for David Slater, a British photog- rapher, announced that Slater has agreed to donate 25 per cent of the photograph's future revenue to charitable groups that protect Na- ruto and other members of his species in In- donesia. The two sides asked the 9th U.S. Circuit Court of Appeals in San Francisco, which heard oral arguments in July after a lower court de- nied Naruto's claim, to dismiss the case. The dispute stemmed from an image that Naruto, who lives on a nature reserve, snapped using a camera that Slater left mounted and un- attended during a 2011 trip. The photograph of his grinning visage, which Slater published in a wildlife book, went viral. People for the Ethical Treatment of Animals sued on Naruto's behalf, arguing the monkey was the legal owner of all photos he took. But a federal judge in San Francisco ruled in Janu- ary 2016 that copyright law does not apply to animals. "PETA and David Slater agree that this case raises important, cutting-edge issues about ex- panding legal rights for non-human animals, a goal that they both support, and they will con- tinue their respective work to achieve this goal," the two sides said in a joint statement. It was not clear how much the photograph has been worth to Slater, who previously said that fewer than 100 copies of his self-published book had been sold despite the publicity. The case was brought in a U.S. court because Slater's book was available for sale in the United States. GUN-TOTING 'PANDA' SOUGHT WILLISTON, Vt. — A Vermont police depart- ment is asking for help identifying a suspect wearing a panda costume believed to have sto- len an airsoft rif le from a sports store, reports The Associated Press. Williston police say the costumed suspect walked into Dicks Sporting Goods on the night of Sept. 11, picked up the airsoft rif le and ran out of the store without paying for it. Police responded, but they were unable to lo- cate the suspect. Store employees told police the suspect had been in the store earlier Monday — sans panda outfit — and looked at the same rif le, but he left without buying it. He told employees he'd be back to buy it. Airsoft firearms shoot pellets and are usually powered by springs or compressed air. UNARMED AND DANGEROUS TIPTON COUNTY, Ind. – A man has been ar- rested for allegedly removing a railroad cross- ing arm in Tipton County, Ind., according to the Kokomo Tribune. Capt. Korey Henderson of the Tipton Coun- ty Sheriff 's Office said that, after receiving a tip on Sept. 7, he made a traffic stop with a tractor- trailer being driven by 22-year-old Kyle John- son from Clarks Hill, Ind. Johnson told police that, after a train passed, the railroad crossing arm at State Road 28 and 150 East did not rise back to its original posi- tion, so he removed the bolts and threw the rail- road arm into a ditch. Police arrested Johnson on one count of rail- road mischief, a level-six felony, which carries a prison sentence ranging from six months to two and a half years. There is also a U.S. federal terrorism law that can apply when a subject tampers with railroad equipment, which leads to an imposed fine or imprisonment for no more than 20 years — or both. LT "Oh yeah!? You may be on the no-fly list but I'm on the no-honk-horn list AND the no-throw-pie list!" Genuine © 2017 Stewart. All rights reserved. See policies for full terms and conditions. At Stewart Title, we've worked hard to build a company where integrity is the keystone in all our dealings. With us what you see is what you get — comprehensive title insurance coverage, experienced underwriters and support for your practice. Learn more about our level of support, call (888) 667-5151 or visit Untitled-5 1 2017-09-12 8:17 AM

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