December 2016

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December 2016 Kenora District Law Association KDLA News DECEMBER 2016 SMOKE and MIRRORS CHRISTMAS BANQUET A GREAT SUCCESS Christian Zilinski. The Kenora District Law ter and dumbfounded by his our guests, Reid Thompson, We followed up with a few other Association held its 1st annual acts. Pieter Joubert was one of was quick to endorse, "That attendees to tell us about their night Holiday Celebration "Smoke the lucky members of the was the best meal I have ever at the KDLA Holiday Celebration & Mirrors" on Saturday, De- audience to assist Mr. Glow had at an event like this". and they offered the following com- cember 10, 2016. The purpose with his show and afterwards ments: of this event was to invite our Following dinner we were stated, "He glowed my mind! entire legal community to treated to some astounding Literally!" "Superb, top notch event!" - Bubbles come together, including but entertainment by illusionist/ "AKA" Hillary Giesbrecht. not limited to, judges, lawyers, magician Brian Glow. He had We concluded the evening support staff and spouses. the crowd roaring with laugh- with music and an excellent "Twas a night filled with magic!!" - dance party, DJ'd by volunteer Julie Gerbrandt. We started our evening with cocktail hour and some bingo "It was a great event, the organizers fun. Our MC, Tyler Johnson, did an excellent job, hoping for a enlightened us with some repeat next year" - Terry Douglas. KDLA trivia to determine On behalf of the KDLA and the which tables would be the first Social Committee we would like to to be served. Dinner was ca- send out a big thank you to everyone tered by Erin's Catering which who supported our vision and provided a delicious meal helped us make this event such a consisting of chicken in sun- great success! dried tomato sauce, roast beef, and many tasty salads. One of The Events Centre at Seven Generations all dolled up for the Smoke and Mirrors Banquet. FOLA PLENARY—Fall 2016 by Sayer Down This November the KDLA dinners at Terrace on the 2017 (10 or 12 day trips). executive attended beauti- Green Restaurant, hearing Please feel free to contact from the Honourable Yasir ful Brampton, Ontario for the KDLA executive for Inside this issue: the FOLA Fall Plenary. Naqvi, Attorney General further information. The theme of this Fall’s of Ontario; Cian O’Sulli- Quiz 2 Finally, the following mo- plenary was “Innovating to van, “Top Dog & Co- tions were voted on and Smoke & Mirrors 3 Thrive”, and featured top- Founder” of Beagle AI, passed November 4, 2016: Gallery ics and guest speakers fo- and Paul Shabas, our newly cusing on technological and elected Law Society Treas- 1. Resolution Regarding Goudge Report 4-5 practice based innovations. urer. the Truth and Reconcili- We also received regular We can advise that FOLA ation Commission Final Greetings 5 reports from FOLA stand- is planning two fund- Report, Calls to Action. Summary: FOLA supports ing committees including, raising trips for 2017. First, Quiz answers 6 but not limited to, the FO- “Egypt & the Nile” Febru- and endorses, in principle, LA Chair, real estate, and ary 2, 2017 (12 or 16 day the calls to action 27 and 7 LibraryCo. trips), and second, “Food 28 of the Truth and Recon- Dale Announcement ciliation Commission. Some highlights of the & Wine: Flavours of Tus- Library Acquisitions 8 Plenary were: drinks and cany & Umbria” July 15, CONTINUED ON P.2 KDLA NEWS Page 2 FOLA continued from p. 1 The Fall Plenary 2. Resolution Regarding and that such revenue be di- Society of Upper Canada” in all provided the Practice Resource Centre Mo- rected to improve services pro- advertising, unless such refer- KDLA Executive tion. Summary: FOLA shall vided in local Practice Resource ence specifically confirms that with some fresh recommend to Convocation that Centres, and further that barriers the member is a licensed parale- a stable, separately identified levy standing in the way of these gal. perspective and as a portion of lawyers’ annual opportunities be removed, where goals to work Please feel free to contact the fees dedicated to Practice practical. towards in our KDLA executive for further information on any of the afore- agenda for the Resource Centres would provide 3. Resolution Regarding Ref- the financial stability that the erence to “Law Society of mentioned resolutions. coming 2017 Practice Resource System needs Upper Canada” by Paralegals The Fall Plenary provided the year. to be sustainable in the long run. in Advertising. Summary: FO- KDLA Executive with some Also, FOLA encourages Library- LA requests that Convocation fresh perspective and goals to Co shareholders to seek other move as soon as reasonably pos- work towards in our agenda for revenue generating opportunities sible to prohibit any use of “Law the coming 2017 year. Tunnel Island becomes quite a Winter Wonderland at –20, as it did on Friday, Dec 16. QUIZ—FICTIONAL LAWYERS AND LAW FIRMS Can you identify the TV 9. Jeff Winger 3. Cage, Fish & Associates show, movie, or novel that 10. Elle Woods gave us each of the following 4. Barr, Robinovitch & Tchobanian 11. Steve Dallas make-believe lawyers and law firms? 5. I Can’t Believe it’s a Law 12. Carson Drew Firm FIRMS 13. Adam Schiff 6. Firth, Wynn & Meyer 1. McKenzie Brackman, 14. Oliver Wendell Douglas LAWYERS Cheney & Kusack 15. Claire Huxtable 7. Sydney Carton 2. Dewey, Cheathem & Liv- 16. Atticus Finch ingstone 8. Harmon Rabb Answers on p. 6 Page 3 DECEMBER 2016 Smoke and Mirrors—a Good Time was had by All Dancing the Night Away.: LEGAL AID STAFF: The Crown’s office was well represented: Many thanks to the organizers and our MC: Andrea Mason, Chenoah Bueckert, Tyler Johnson(MC), Emily Delaney and Sarah Burden. KDLA NEWS Page 4 GOUDGE REPORT STILL A DETERRENT by Laurelly Dale working with the criminal justice determine quantity and type of This article is being reprinted system as an unchallenged expert drug used by subjects; 2) failure with permission. It was origi- and then was appointed director to meet internationally recog- nally published in the Oct 21, of the Ontario Pediatric Forensic nized “gold standard” testing 2016 edition of the Lawyer’s Pathology Unit. His repeated procedures; 3) lack of expertise Weekly (Vol. 36.No.23) qualification amplified into the required to interpret test results. The most frightening aspect of label “world renowned expert.” Following the recommendation of Justice Lang, a second review being a criminal defence lawyer Goudge was assembled to review of the cases of more than 9,000 is contributing to a miscarriage of cases from 1981 to 2001. In the individuals who tested positive is justice. Louise Reynolds case, Smith under way. While it is embar- opined that the lacerations which A Supreme Court judge once rassing that these errors occurred caused the death of a 7-year-old scoffed at my objection to admit over such a lengthy period of could not have been generated by an expert report on the basis of time and at the same institution the family pit bull, supporting the qualification, claiming that be- examined in Goudge, this discov- allegations that Reynolds stabbed cause the author had an MD be- ery is reassuring in that our legal While it is her child more than 80 times. embarrassing hind his name my objection was system exposed these errors. without merit. I responded with In a groundbreaking decision, that these Both Smith and Motherisk were “Goudge.” Reynolds’ application to file a errors held out as “world’s leading” civil action against Smith was occurred over The Inquiry into Pediatric Foren- experts/facilities. It is not hard to granted. such a lengthy sic Pathology in Ontario ( a imagine the desire to maintain period of time review of the cases of disgraced Goudge concluded that errors this status, coupled with the am- and at the same pathologist Dr. Charles Smith in were committed in 20 child au- plification effect, contributed institution 2008 by Justice Stephen topsies, resulting in 12 wrongful overall to these miscarriages of examined in Goudge), has resurfaced in the convictions and approximately justice. Their reports were ad- 2015 Motherisk Hair Analysis Goudge, this six wrongful accusations. mitted in court and they were Independent Review, and in R. v. rarely challenged as to their qual- discovery is Motherisk is a laboratory in the Stephan [2016] A.J. No. 654, the ifications. This was not the case reassuring in Hospital for Sick Children, the case of the Alberta parents con- in Stephan. same institution that was in- that our legal victed in the meningitis death of volved in Goudge. system exposed their 19-month-old son Ezekiel. Both the Crown and the defence have filed appeals in Stephan. The review was initiated as a Goudge has provided counsel David Stephan was sentenced to result of a successful fresh evi- with the courage to object to four months custody, while Col- dence application in R. v. expert testimony on the basis of let Stephan was sentenced to a Broomfield [2014 ONCA 725. qualification; however, more conditional three months. In its The court found that the hair work is needed. appeal defence argues that Justice samples produced by Motherisk Rodney Jerke erred in not allow- Expert opinion is presumptively to support the trial judge’s con- ing former chief medical examin- inadmissible (R. v. Mohan [1994] clusions that the accused had er Dr. Anny Sauvageau to give 2 SCR 9). When an expert’s given cocaine to her young child expert evidence. Sauvageau’s evidence strays beyond the prop- for 14 months were unreliable. report was based upon her review er scope, it is imperative that the Retired Ontario Court of Appeal of an expert report and listening trial judge not assign any weight Justice Susan Lang produced the to the 911 call made by Ezekiel’s to the inadmissible part (R.
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