• Friday Roundup: Bad Lawyering, Police Misconduct and a Look at Police Interrogations September 3, 2010
    Last week, a federal judge overturned a Texas death row inmate's murder conviction, citing ineffective assistance of trial counsel and error by the trial court.The Indianapolis Star reported on Tuesday that 27 Indianapolis Metropolitan Police Department officers have been arrested, investigated, demoted, reassigned or disciplined in the past two years, […]
  • Book Review: Social Media for Lawyers (The Next Frontier) September 4, 2010
    Now this took guts. When my two dear friends, Carolyn Elefant and Niki Black  asked me to review their new book, Social Media for Lawyers: The Next Frontier, published by the ABA Law Practice Management Section , they knew they were taking a huge risk. I've not always been kind toward the promotion of social media. In fact, on occasion, I've been r […]
  • The Federal Government Settles AbitibiBowater’s NAFTA Claim August 27, 2010
    This week, the federal government announced a settlement of a claim under the North American Free Trade Agreement, Can T.S. 1994 No. 2 (“NAFTA”) by AbitibiBowater Inc. (“Abitibi”) against Canada as a result of the dispute between the company and Newfoundland. In 2008, the Newfoundland government hastily expropriated nearly all of Abitibi’s Newfoundland asset […]
(c) Copyright
All postings on this site are the sole property of Aswani K. Datt and are not to be reproduced in any manner without the prior written consent of Aswani K. Datt. The postings on this site is for informational purposes only and is not a substitute for legal advice nor does any posting constitute a solicitor client relationship.

Archive for March, 2009


IN OTTAWA

Toronto Star

The Conservative government says it will legislate an end to the practice that allows judges to calculate a “two-for-one” sentencing credit for time that prisoners spend in pre-trial custody.

Weeks after British Columbia justice officials made an impassioned appeal to Ottawa for the measure, Justice Minister Rob Nicholson said he would introduce legislation tomorrow to further curb judges’ sentencing discretion.

Judges now can give credit for so-called “dead time” that offenders spend in detention centres prior to trial and sentencing. It’s seen as a way to account for time served in cramped cells
while a case wends its way through the courts.

Credit for time served can in some cases lead to criminals walking free upon sentencing: a convict who spends two years in custody pre-trial, for example, and is sentenced to four years in prison, could avoid returning to jail if given double credit for time already served.

Those calling for change say some defendants purposely build up their “dead time’’ so they receive shorter penitentiary sentences.

It is already the law in Ontario that if a prisoner delays a guilty plea to accumulate “dead time,” he will not be given such credit.

But an array of critics accused the government of political pandering.

Defence lawyer Heather Pringle said before introducing the law, the justice minister should spend time in pre-trial custody.

“A few days spent locked down for 18 hours at a time and no access to rehabilitative programs, coupled with nights spent sharing his cramped cell with two other guys, a shared toilet and some vermin, might give him a more informed understanding of this issue,’’ she said. “This legislation is simply political pandering, and its impact will be to unduly punish the poor who can’t afford a release on bail.”

Nicholson defended the move, saying the Conservatives want “more truth in sentencing.”
It’s unclear whether the government will remove judicial discretion altogether, or simply try to limit it.
Nicholson refused to provide details until the bill is tabled.

The announcement prompted a scathing rebuke from the Criminal Lawyers Association, which called the proposal a “step backward” that would “promote harsher sentences, produce fewer guilty pleas and give Parliament’s approval to inhumane detention facilities.”

The bill was endorsed “in principle” by the federal Liberals who said they are ready to expedite parliamentary approval. The BQ also supports it. But the NDP, which also backs the principle, warned there should be room for judicial discretion as a way to force governments to deal with prison conditions.

Pointing to dreadful conditions at Toronto’s Don Jail, Joe Comartin, NDP MP and public safety critic, said the bill is unlikely to “avoid a successful Charter challenge unless we retain a reasonable amount of discretion in the hands of our judges.”

Conditions at the Don Jail, particularly overcrowding, have led to the jail’s censure by Amnesty International and has on occasion led judges to give three-for-one credit.

http://www.thestar.com/News/Canada/article/608602

Be a part of history and celebrate the 100th Rotary convention, which will take place in Birmingham, the heart of England!

I f you haven’t been back to Birmingham since the 1984 convention, you may not recognize this former industrial town. Now a lively canal city known for its outstanding shopping and dining, Birmingham — or Brum, as the natives call it — underwent a dramatic facelift in the 1990s. The transformation resulted in a modern, more pedestrian-friendly city that retains traces of its medieval and Industrial Age roots.

On Saturday, former Ontario Premier William Davis is the keynote luncheon speaker. Dr Jean Clinton is the keynote speaker at the Governor’s Dinner. Entertainment is provided throughout the day by Red Spirit, The Ault Sisters and Men to Boys.

Download the convention booklet for more reasons to come to Birmingham in 2009. This 24-page booklet also contains registration, hotel reservation, and Host Organization Committee forms.

Register early and save

Register early for the convention to take advantage of special pricing!

First deadline: 15 December
Second deadline: 31 March

Register online . It’s convenient and secure. Your confirmation materials will be e-mailed to you.

Or download the registration form . For more information click here.

The Brampton Flower City Rotary Club is proud to present its 2nd Annual Golf Tournament. The event is set for Saturday, June 13 ,2009 at 10:30am at the Royal Ontario Golf Club. $250 for a single player and $1000 for a foursome. You can obtain further information from either:

Dalkeith Palmer at 905.866.5180 or email: dpalmer@prousedash.ca
Dhaman Kissoon at 416.234.4116 or email: dkissoon@bellnet.ca

The deadline to register is June 8, 2009. Part of the proceeds is going towards the Breast Cancer Society.

Download Form Here