DOCSLIB.ORG

Criminality and the Canadian Anti-Combines Laws

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Criminality and the Canadian Anti-Combines Laws (1965) 4 ALBERTA LAW REVIEW 67 CRIMINALITYAND THE CANADIAN ANTI-COMBINESLAWS BRUCE C. McDONALD* INTRODUCTION Considerable attention has been devoted, over the course of the last seventy-five years, to the selection of legal controls designed to secure such economic structure and behaviour as is deemed politically desirable in Canada. Increasing concentration of private wealth and industrial­ ization continuously make the matter more complex and yet more urgent. The Canadian Parliament long ago decided that corporations and businessmen can and sometimes do act in socially undesirable ways in regard to the structural and behavioural aspects of a competitive economy. 1 A difficult legal problem is the finding of the most appropriate remedy, or combination of remedies, in view of the various desired ob­ jectives. Laws are required, not only as an agreed statement of social objectives, but also as a means for ensuring those goals. The law furnishes a wide variety of forms of control, each designed to accomplish certain types of results and each having consequent limitations upon its capabilities. The control of combines and unfair trade practices in Canada has fallen to the criminal law exclusively. Combines law originated as criminal law for natural "social" reasons in 1889, but remains criminal for what may well be misconceived constitutional grounds. The object of this article is to examine the value of the criminal law as a regulatory tool for combines problems. The subject will be treated with a view to general criminal law concepts, followed by an analysis of the operation of leading criminal law principles in combines cases. A brief description of the substantive portions of the Combines Investigation Act 2 will assist those not familiar with its proscriptions. The Act embodies an attempt to define and ensure a basically competitive environment in which certain types of enterprise are to function. As a criminal statute, it endeavours to accomplish its object by prohibiting certain classes of restraints upon competition. Part V of the Act contains the substantive offences, which are, essentially, conspiracies (to fix prices, limit production, and so on) , mergers, monopolies, price dis­ crimination, predatory pricing, rebate differentials, misleading advertis­ ing, and resale price maintenance. Although some formal remedies under the Act may be applied without regular criminal procedure 3 and • Assistant Professor, Faculty of Law, Queen's University. This article is part of a thesis on combines remedies written in partial fulfillment of the requirements for the degree Clf S.J.D. at The University of Michigan. 1 The original combines legislation ls (Can.) 1889, c. 41. Parliament had shown some concern for a decade prior to this, but had discussed the issue in terms of tariff change, until 1888. :? R.S.C. 1952, c. 314, as amended by (Can.) 1953-54, c. 51; (Can.) 1960, c. 45; (Can.) 1960-61, c. 42; and (Can.) 1962-63, c. 4. a S. 31 ( 4) requires that proceedings by information of an Attorney-General under s. 31 "shall be tried by the court without a jury, and the procedure applicable in injunction proceedings in the superior courts of the province shall, in so far as possible, apply." The Minister of Justice has suggested that the ordinary laws of evidence applicable in criminal proceedings would obtain for section 31 (2), and that section 31 (2) was designed for the more dubious cases. See House of Commons Debates, 1960, pp. 6939-40. How the courts will treat the section has not yet become clear, since there have been no contested actions under section 31 (2). 68 ALBERTA LAW REVIEW others without any court proceedings whatever,"' the substantive offences are indictable. The sole exception is the summary offence of misleading advertising in relation to the price of an article. 5 Mergers and agreements between companies are natural activities and are frequently socially beneficial. Since the basic values of the combines legislation appear to be economic in nature, flexible, extra-legal criteria have had to be written into the statute to accommodate desirable business phenomena in terms of optimal allocation of resources, use of capacity, and so on. This legislative problem and its solution are evident from the current proscriptions respecting mergers, monopolies, and con­ spiracies: S.2(e) 'merger' means the acquisition by one or more persons, whether by purchase or lease of shares or assets or otherwise, of any control over or interest in the whole or part of the business of a competitor, supplier, customer or any other person, whereby competition (i) in a trade or industry, (ii) among the sources of supply of a trade or industry, (iii) among the outlets for sales of a trade or industry, or (iv) otherwise than in subparagraphs (i), (ii) and (iii), is or is likely to be lessened to the detriment or against the interest of the public, whether consumers, producers or others; S.2 (f) 'monopoly' means a stiuation where one or more persons either sub­ stantially or completely control throughout Canada or any area thereof the class or species of business in which they are engaged and have operated such business or are likely to operate it to the detriment or against the interest of the public, whether consumers, producers or others, but a situation shall not be deemed a monopoly within the meaning of this paragraph by reason only of the exercise of any right or enjoyment of any interest derived under the Patent Act, or any other Act of the Parliament of Canada. [Emphasis added.] S.32 (1) Everyone who conspires, combines, agrees or arranges with another person (a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any article, (b) to prevent, limit or lessen, unduly, the manufacture or production of an article, or to enhance unreasonably the price thereof, (c) to prevent, or lesson, unduly, competition in the production, manufacture, purchase, barter, sale, storage, rental, transportation or supply of an article, or in the price of insurance upon persons or property, or (d) to restrain or injure trade or commerce in relation to any article, is guilty of an indictable offence and is liable to imprisonment for two years. [Emphasis added.] As an engine of social control, there are two chief reasons for selecting the criminal process. Firstly, the philosophy of the criminal law and the function and capacity of the criminal penalty may offer the most effective safeguard for the relevant public interest. Secondly, the procedural safeguards which are stationed around the criminal law may be desired as part of the sanctioning process. These two factors are necessarily related. f The Govemor in Council may, by s. 29, adjust the duty on an article if it is satisfied, as a result of an inquiry under the Act, that certain specified criteria have been met. The real effect of this section is none too clear. 5 S. 33C. CRIMINALITY AND ANTI-COMBINES LAWS 69 COMBINES AND GENERAL CONCEPTS OF CRIMINAL LAW 1. General The traditional concern of the criminal law has been for the health and safety of the bodies and minds of the people who compose society. It has also dealt with some violations of the property rights of individuals, and with morally blameworthy exploitation of individuals. The underlying criteria derive from a principle of efficacy in the orderly functioning of society as a collective unit. This is the meaning of the familiar concept of the King's Peace. The Supreme Court of Canada has described the object of the criminal laws as follows: They are concerned primarily not with rights, with their creation, the conditions of their exercise, or their extinction; but with some evil or some menace, moral or physical, which the law aims to prevent or suppress through the control of human conduct. 6 Economic crimes do not have to be directed at private persons. In­ come tax evasion and breaches of securities regulations usually involve moral considerations, and undermine the orderly supervision of society in a more direct way than do combines offences. The criminal law is also utilized to help secure integrity and responsibility in government and public administration, but in this area the offences are limited to easily definable acts which involve moral fault.· The social problem of combines offences comes near to this latter area, since it also involves socially undesirable conduct and consequences occurring at a high level of organization and influence. The economic consequences are frequently colossal, even though perhaps thoroughly diluted in time and space. To what extent may the community, by the threat and penalties of the criminal law, effectively repudiate undesirable combines activity? Since, to a large extent, the relevant public interest or interests can only be evident from the deliberations of Parliament, initial recourse must be had, in answering this question, to the original combines debates of 1888, 1889, and 1890. Those debates illustrate a general agreement that combines should be suppressed; but, at the same time, disclose a vigourous dispute over the appropriate means of suppression. The debates are characterized by moralistic overtones indicated by such phrases as "a crying and growing evil," 8 "iniquitious," "per nicious," and "illegitimate." 0 This appears to have been inspired by appre­ hension and alarm over the activities of the robber barons in the United States; and, indeed, our legislation was partially influenced by the re­ actions in the New York State legislature to that problem. 1° Con­ sequently, the members were naturally motivated by a rather personalized level of concern, and experienced little difficulty in equating the nature 6 Re Combines Investigation Act and S. 498 of the Criminal Code, (1929) 2 D.L.R. 802 {Duff, J., as he then was).
Load more

Recommended publications
  • R V Adams (Appellant) (Northern Ireland)
    Easter Term [2020] UKSC 19 On appeal from: [2018] NICA 8 JUDGMENT R v Adams (Appellant) (Northern Ireland) before Lord Kerr Lady Black Lord Lloyd-Jones Lord Kitchin Lord Burnett JUDGMENT GIVEN ON 13 May 2020 Heard on 19 November 2019 Appellant Respondent Sean Doran QC Tony McGleenan QC Donal Sayers BL Paul McLaughlin BL (Instructed by PJ McGrory (Instructed by Director of & Co Solicitors) Public Prosecutions, Public Prosecution Service) LORD KERR: (with whom Lady Black, Lord Lloyd-Jones, Lord Kitchin and Lord Burnett agree) Introduction 1. From 1922 successive items of legislation authorised the detention without trial of persons in Northern Ireland, a regime commonly known as internment. Internment was last introduced in that province on 9 August 1971. On that date and for some time following it, a large number of persons were detained. The way in which internment operated then was that initially an interim custody order (ICO) was made where the Secretary of State considered that an individual was involved in terrorism. On foot of the ICO that person was taken into custody. The person detained had to be released within 28 days unless the Chief Constable referred the matter to a commissioner. The detention continued while the commissioner considered the matter. If satisfied that the person was involved in terrorism, the commissioner would make a detention order. If not so satisfied, the release of the person detained would be ordered. 2. An ICO was made in respect of the appellant on 21 July 1973. The order was signed by a Minister of State in the Northern Ireland Office.
    [Show full text]
  • “Jackpot:” the Hang-Up Holding Back the Residual Category of Abuse of Process*
    “Jackpot:” the Hang-Up Holding back the Residual Category of Abuse of Process* JEFFERY COUSE ** ABSTRACT The abuse of process doctrine allows courts to stay criminal proceedings where state misconduct compromises trial fairness or causes ongoing prejudice to the integrity of the justice system (the “residual category”). The Supreme Court revisited the residual category in the 2014 case R v Babos. In Babos, the Supreme Court provided a three-stage test for determining whether an abuse of process in the residual category warrants a stay of proceedings. This article critically examines Babos and its progeny. Notwithstanding the Supreme Court’s insistence that the focus of the residual category is societal, all three stages of the test remain disconcertingly preoccupied with the circumstances of the individual accused. Courts’ reluctance to give undeserving accused the “jackpot” remedy of a stay has prevented the court from dissociating itself from state misconduct. Instead, courts have imposed remedies which inappropriately redress wrongs done to the accused. This paper suggests four ways for courts to better advance the societal aim of the residual category. First, a cumulative approach should be taken to multiple instances of state misconduct rather than an individualistic one. Second, courts ought to canvass creative remedies in considering whether an * This paper was written in a personal capacity and does not in any way reflect the views of the Ontario Superior Court of Justice or the Ministry of the Attorney General. ** Jeffery Couse graduated from the University of Toronto, Faculty of Law in 2016 and he was called to the Bar on June 26, 2017.
    [Show full text]
  • Jeremy Lynn YEAR of CALL: 1983
    Jeremy Lynn YEAR OF CALL: 1983 EXPERTISE Jeremy has been practising in Criminal Law for 35 years. His experience of Crime is second-to-none. In cases of murder, Jeremy has successfully defended as a junior alone, but also as a leading junior. He is happy to be led in such cases and has recently established a successful partnership with Martin Rutherford QC in cases of murder and rape. In their most recent case together Jeremy and Martin secured the acquittal of a Cambridge student charged with the rape of another student he met online. Jeremy has enormous experience of defending in sex cases, including historic offences and those in- volving vulnerable witnesses. He has a particular interest in cases involving computer and social-media evidence, and has unpar- alled experience in the field of indecent images. In that regard he is regularly instructed by Lewis Nedas & Co. themselves experts in the field. In one case in 2018 their client, head of IT at an NHS health trust, was acquitted when Jeremy launched an abuse of process argument. The CPS were or- dered to pay £12,000 in wasted costs. Recent successes have included the trial of a woman charged with allowing her own daughter to be sold for sex at dogging-sites; a man charged with raping a woman he met through a massage site on Facebook; a professional masseur charged with sexually assaulting two patients; a young school mas- ter accused of raping his former girlfriend over an 18 month period; a 19 year old man charged with raping a 15 year old girl, the act having been filmed by his friend; and a 14 year old boy charged with raping 5 girls at school.
    [Show full text]
  • Adrian Keane and Paul Mckeown, the Modern Law of Evidence, 12Th Edition Update: September 2019
    Adrian Keane and Paul McKeown, The Modern Law of Evidence, 12th Edition Update: September 2019 Chapter 11: Hearsay in criminal cases Cases where a witness is unavailable Page 328 Section 116(1)(a) will also operate to prevent s 116 being used where there is an overwhelming probability that the witness would rely on the privilege against self- incrimination and would decline to give evidence in the terms of the statement. See R v Hayes [2018] 1 Cr App R 134 (10), CA at [58]-[59] Relevant person cannot be found even though such steps as are reasonably practicable to take to find him have been taken Page 330 Where the judge concludes that the requirements of s 116(2)(d) are met, the statement is admissible and it is an error of approach to then consider as the ‘next step’, admissibility under s 114(1)(d). The next step is to consider the question of fairness and the application of s 78 of the Police and Criminal Evidence Act 1984. See R v Kiziltan [2018] 4 WLR 43, CA at [16]. Business and other documents Section 117 Page 337 Where a statement contained in a document is an opinion, it does not meet the test for admissibility under s 117(1)(a), since oral evidence of opinion is inadmissible (unless it is an expert opinion): R v Hayes [2018] 1 Cr App R 134 (10), CA. Admissibility in the interests of justice Section 114(1)(d): inclusionary discretion Pages 340-341 Where the identity of a witness is not known, it may be possible to use s 114(1)(d) if the witness is untraceable and in the circumstances in which the statement was © Oxford University Press, 2019.
    [Show full text]
  • Reforming the Crime of Libel
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE NYLS Law Review Vols. 22-63 (1976-2019) Volume 50 Issue 1 International and Comparative Perspectives on Defamation, Free Speech, and Article 7 Privacy January 2006 Reforming the Crime of Libel Clive Walker University of Leeds School of Law Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Criminal Law Commons, First Amendment Commons, and the International Law Commons Recommended Citation Clive Walker, Reforming the Crime of Libel, 50 N.Y.L. SCH. L. REV. (2005-2006). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. \\server05\productn\N\NLR\50-1\NLR106.txt unknown Seq: 1 20-FEB-06 12:31 REFORMING THE CRIME OF LIBEL CLIVE WALKER* I. INTRODUCTION Criminal libel has a long and troubled history — longer and even more troubled than its counterpart in civil law. In its early guises, it was notable as an instrument of state repression alongside other variants of libel such as blasphemy and sedition and, in part, as a corrective to the end of press licensing. But its usage in the nineteenth and twentieth centuries became less state-oriented. Though its status as a crime inevitably brings with it an element of official sanction, criminal libel has latterly evolved as the weapon of most destruction in the arsenal of libel law. In this role, it has be- come a rarity but has survived attempts at eradication in England and Wales and even the United States.
    [Show full text]
  • Benchmark Publication
    Friday, 11 November 2016 Weekly Criminal Law Review Editor - Richard Thomas of Counsel A Weekly Bulletin listing Decisions of Superior Courts of Australia covering criminal Search Engine Click here to access our search engine facility to search legal issues, case names, courts and judges. Simply type in a keyword or phrase and all relevant cases that we have reported in Benchmark since its inception in June 2007 will be available with links to each case. Executive Summary The Queen, on the application of Denby Collins v The Secretary of State for Justice (UK - QBD) - criminal law - householder’s defence - householder restrained intruder in headlock who sustained serious injuries - whether householder entitled to rely upon householder’s defence - whether defence limited to ‘reasonable force’ - whether defence incompatible with right to life protection under human rights convention - defence limited to ‘reasonable force’ (WCL) Kelly v R (NSWCCA) - criminal law - sentence appeal - applicant with psychiatric issues and cognitive disorder pleaded guilty to 6 offences, including wounding causing grievous bodily harm (‘GBH’) - applicant represented himself on sentence and failed to adduce relevant, available psychiatric evidence - on appeal, arguing miscarriage because of incompetent representation - appeal allowed, resentenced R v Adams (No 5) (NSWSC) - criminal law - evidence - admissibility of representations contained in historical documents tendered on voir dire - 1983 murder - documents business records of police service - whether hearsay
    [Show full text]
  • IE, Forensic Science
    University of Denver Criminal Law Review Volume 3 Issue 1 Article 3 January 2013 Admissibility Compared: The Reception of Incriminating Expert Evidence (I.E., Forensic Science) in Four Adversarial Jurisdictions Gary Edmond Simon Cole Emma Cunliffe Andrew Roberts Follow this and additional works at: https://digitalcommons.du.edu/crimlawrev Part of the Criminal Law Commons Recommended Citation Gary Edmond, et al., Admissibility Compared: The Reception of Incriminating Expert Evidence (I.E., Forensic Science) in Four Adversarial Jurisdictions, 3 U. Denv. Crim. L. Rev. 31 (2013) This Article is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in University of Denver Criminal Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. Edmond et al.: Admissibility Compared: The Reception of Incriminating Expert Evi ADMISSIBILITY COMPARED: THE RECEPTION OF INCRIMINATING EXPERT EVIDENCE (I.E., FORENSIC SCIENCE) IN FOUR ADVERSARIAL JURISDICTIONS Gary Edmond,* Simon Cole,t Emma Cunliffe, and Andrew Roberts§ INTRODUCTION The single most important observation about judicial [gate-keeping] of forensic science is that most judges under most circumstances admit most forensic science. There is almost no expert testimony so threadbare that it will not be admitted if it comes to a criminal proceeding under the banner of forensic science. .. The applicable legal test offers little assurance. The maverick who is a field unto him- or herself has repeatedly been readily admitted under Frye, and the complete absence of foundational research has not prevented such admission in Daubert jurisdictions.' There is an epistemic crisis in many areas of forensic science.
    [Show full text]
  • Lawyers' Committee for Civil Rights Under Law
    LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW BRIEFING PAPER ON THE UNITED DEMOCRATIC FRONT TREASON TRIAL state y. Mawalal Ramgobin and 15 Others, The Supreme Court of South Africa (Natal Provincial Division) Pietermaritzburg, South Africa August 1985 Southern Africa project Lawyers' Committee for Civil Rights Under Law 1400 Eye Street, N.W. Suite 400 Washington, D.C. 20005 -. LA WYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW SUITE 400 • 1400 EYE STREET, NORTHWEST. WASHINGTON, D.C. 20005 • PHONE (202) 371-1212 CABLE ADDRESS: LAWCIV, WASHINGTON, D.C. BRIEFING PAPER ON THE UNITED DEMOCRATIC FRONT TREASON TRIAL State v. Mawalal Rarngobin and 15 Others, The Supreme Court of South Africa (Natal Provincial Division) Pietermaritzburg, South Africa August 1985 Prepared by the Southern Africa Project of the Lawyers' Committee for Civil Rights Under Law. ---------------------------------------------- TABLE OF CONTENTS Part I: Background to the Treason Trial 1 Section 1: The New Constitution and the Detention of Leading Members of the United Democratic Front..... 1 Section 2: Bail Denied 14 Section 3: The Charge of Treason.............................. 24 (A) The Indictment.......................................... 24 (B) Treason, Historically and in Law in South Africa 25 (i) The Situation Prior to 1961 25 (ii) 1961-1978 38 (iii) 1979-1985 ••.••••••••••0. .....•.................... .. 42 Part II: The United Democratic Front Treason Trial 52 Section 1: The Main Count - Treason........................... 52 Section 2: The Alternate Charges 59 (A) Terrorism Under the Internal Security Act of 1982 59 (B) Terrorism Under the Terrorism Act of 1967 65 (C) Furtherance of Objects of an Unlawful Organization 69 (D) Furtherance of the Objects of Communism 70 (E) Furtherance of the Objects of Communism and/or the ANC .
    [Show full text]
  • Richard Wormald QC Call: 1993 / QC: 2019
    Richard Wormald QC Call: 1993 / QC: 2019 Richard Wormald QC practices in crime, financial crime and licensing, and is regarded as a standout leader at the criminal bar. As a junior he was consistently ranked as one of the very best, winning the Chambers’ Junior of Year award in 2013/4. Over the last year Richard has been leading in a high-profile insider-dealing case being prosecuted by the FCA (FCA v Choucair). He is currently engaged in the appeal of Giovanni Di Stefano (on a novel point of jurisdictional law), is advising the Metropolitan Police in respect of ongoing terrorism investigations and defending in the UK’s largest ever cash seizure cases. He is acting for Trocadero in respect of a licensing appeal and has been advising Punch Taverns at board level. He acts for an advise a number of high-profile individuals. Last year he acted for two of the senior management team of Rolls Royce; as leading counsel in a high-profile Watchdog fraud; for the first defendant in one of the country’s biggest boiler-room frauds; for a solicitor in a complex, multi-handed embezzlement case. Other cases in the recent past include various corporate fraud, bribery and corruption allegations, representing the former Cabinet Minister Chris Huhne, a well-known hotelier on charges of rape, acting in a number of murder and manslaughter cases, and undertaking judicial review proceedings, inquest and inquiry work. Richard also acts as a legal adviser in licensing and disciplinary hearings. He is highly-rated in all his chosen fields of practice: crime, fraud, professional discipline and licensing.
    [Show full text]
  • Wrestling with Punishment: the Role of the BC Court of Appeal in the Law of Sentencing
    Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2009 Wrestling with Punishment: The Role of the BC Court of Appeal in the Law of Sentencing Benjamin Berger Osgoode Hall Law School of York University, [email protected] Gerry Ferguson Source Publication: British Columbia Studies Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works Part of the Courts Commons, Criminal Law Commons, and the Jurisprudence Commons This work is licensed under a Creative Commons Attribution-No Derivative Works 4.0 License. Repository Citation Berger, Benjamin and Ferguson, Gerry, "Wrestling with Punishment: The Role of the BC Court of Appeal in the Law of Sentencing" (2009). Articles & Book Chapters. 2555. https://digitalcommons.osgoode.yorku.ca/scholarly_works/2555 This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. WRESTLING WITH PUNISHMENT: The Role of the BC Court of Appeal in the Law of Sentencing Gerry Ferguson and Benjamin L. Berger1 INTRODUCTION entencing is often portrayed, in the media, as a postscript to the real stuff of criminal justice: the investigation and trial of Scrime. To be sure, if one is looking for drama, it is most readily found in the excitement of the investigative process or the stylized thrust and parry of the adversarial criminal trial. Yet, as is the case in so many areas of the law, it is the remedial dimension of the law – its “business end” – that discloses most about its nature.
    [Show full text]
  • The Use of Social Science Data in a Change of Venue Application: a Case Study*
    THE USE OF SOCIAL SCIENCE DATA IN A CHANGE OF VENUE APPLICATION: A CASE STUDY* NEIL VIDMARt JOHN W. T. JUDSON* London, Ont. Introduction This article describes how social science data and professional testimony were used to assist judicial decision-making in an application to have a criminal fraud trial moved from Middlesex County, Ontario, because of prejudicial attitudes extant in the community. Typically, in such applications, tenuous documentation of pre-trial publicity and perhaps some unsubstantiated "opinion" testimony by persons purportedly in touch with the pulse of the community are the only evidence introduced . The presiding judge is required to consider this circumstantial, indirect, evidence and draw a conclusion about the level and extent of public prejudice as the merits of the application are weighed. In the present case systematic empirical data were collected to assess levels of knowledge and prejudice among members of the population from which the veniremen would be selected, thus providing the judge with more direct evidence on which to form his opinion . Though descriptive of a particular case, the article illustrates how empirical studies can be generated and how basic research from the social sciences and other data sources can be used to bolster that empirical research . Such an approach might be used to assist judicial decisions on a number of problems. I. Background of the R . v. Brunner Application . In July 1977 Brunner was arrested and charged with fraud contrary to section 338(l) of the Criminal Code.' The specifics of the *A more extensive description of the case from which this article is derived is contained in Vidmar and Judson, The Use of Social Science Data in a Change of Venue Application, University of Western Ontario, Department of Psychology Research Bulletin, No.
    [Show full text]
  • Gerard Doran
    Gerard Doran Call to the Bar: 1993 "He is a very friendly advocate and clients love him. He is a very safe pair of hands." "Very persuasive and well organised." - Chambers & Partners, 2021 ‘He constantly impresses with his advocacy.’ – Legal 500 2020 CONTACT DETAILS "An outstanding junior counsel for heavyweight matters" – Legal 500 2019 Email: ‘He is brilliant in court; clients warm to him.’ – The Legal 500, 2018 [email protected] Gerard is an extremely popular and sought after senior junior who specialises in criminal Telephone: defence, regulatory and professional disciplinary work. As is suggested by his regular endorsements by leading legal directories, Gerard’s popularity and success in practice 0161 832 5701 stems both from his reputation of being a superb jury advocate and his client care skills PRACTICE AREAS which many consider to be second to none. Gerard is a down to earth people person who is able to get the most from his clients. His enthusiasm for their case is evident from the Business Crime & Financial Regulation first meeting and he is able to put the most anxious of clients at ease by his calm and unflustered, yet determined approach. Criminal law Inquests Following his call to the bar, in 1993, Gerard practiced at the London Bar before returning to the North West. During his years spent on the South Eastern Circuit, Gerard developed Professional Discipline a strong practice often regarded to be “beyond his call”. Regulatory In 2005, with a healthy practice and requests to represent those involved in the most MEMBERSHIPS serious cases, across the United Kingdom, Gerard decided to return to the North West of the country.
    [Show full text]