Cases
| Ongoing Cases | Notable Settled Cases | Historical Cases | Notable Inquests & Inquiries |
(The following is a selection of our cases)
Ongoing Cases
| Abouhassan et al. v. Van Buskirk et al. | Angel Sue Larkman v. Attorney General of Canada | Ascent Incorporated v. Fox 40 International Inc. et al. | Drennan et al. v. Suncor Energy Inc. et al. | G20: Adam Nobody | G20: Free Press Coalition | Mohamed et al. v. The Durham Regional Police Services Board et al. | Manon et al. v. Toronto Police Services Board et al. | Markovic et al. v. Abbott et al. | Mohamud et al. v. The Attorney General of Canada et al. | Nishnawbe Aski Nation v. Eden | Nishnawbe Aski Nation- Iacobucci Jury Rolls Review | Nishnawbe Aski Nation Human Rights Complaint | Penner v. Niagara Regional Police Services et al. | R.N. et al. v. Her Majesty the Queen in Right of Ontario et al. | Rotolo et al. v. Niagara Regional Police Services Board et al. | Schaeffer et al. v. Wood et al. | Smith et al. v. Attorney General of Canada et al. | Supreme Auto Group Inc. v. Toronto Police Services Board et al. | The Truth and Reconciliation Commission of Canada v. The Attorney General of Canada |
Abouhassan et al. v. Van Buskirk et al.
On April 22, 2010, Dr. Tyceer Abouhassan was in the parking lot of the Jackson Park Medical Centre in Windsor, Ontario, when he was approached by a plain clothes officer with the Windsor Police Service, Detective David Van Buskirk. Without provocation, Detective Van Buskirk punched Dr. Abouhassan repeatedly in the head and the face until Dr. Abouhassan lost consciousness and fell to the ground. At no time did Dr. Abouhassan strike Detective Van Buskirk. Dr. Abouhassan was transferred to Hôtel Dieu Grace Hospital for treatment of his injuries. As a result of the attack, Dr. Abouhassan suffered a broken nose, bruised ribs and a detached retina. The Windsor Police Service charged Dr. Abouhassan with assaulting a peace officer, but those charges were stayed by the Crown on June 15, 2010. A S.I.U. investigation was launched into the attack of Dr. Abouhassan, and as a result of that investigation, Detective Van Buskirk has been criminally charged with assault, to which he has plead guilty, and public mischief, a charge which is scheduled to commence on June 4, 2012. In addition, Police Service Act charges have been brought against Detective Van Buskirk and other members of the Windsor Police Service for their involvement in the laying of charges against Dr. Abouhassan.
Court Documents
Statement of Claim. September 29, 2011
Video Footage
Raw footage of the assault on Dr. Abouhassan
SIU Releases
"Windsor Police Officer Charged" (Assault Causing Bodily Harm). June 9, 2010
"Windsor Police Officer Faces Second Charge." (Public Mischief) August 12, 2010
In the News
"With vid: Van Buskirk sentenced to 30 days for misleading police." June 7, 2012
"Disgraced police officer found guilty of mischief." June 6, 2012
"Windsor detective convicted of public mischief." June 5, 2012
"Disgraced Windsor police detective fires lawyers, bargains with judge." June 4, 2012
"David Van Buskirk guilty of public mischief." June 4, 2012
"Detective faces new charge, loss of pay." May 3, 2012
"Cop gets 5 months for assault of MD, but remains free on bail." May 3, 2012
"Windsor police apologize to victim beaten by detective." May 2, 2012
"Detective who beat blind doctor gets 5 months jail." May 2, 2012
"Windsor, Ont., police detective handed five month sentence." (Vancouver Sun)May 2, 2012
"Windsor, Ont., police detective handed five month sentence." (Ottawa Citizen) May 2, 2012
"Windsor mayor calls for harsher penalties urged for cops who lie." May 2, 2012
"Van Buskirk gets 5 months for assault, files appeal." May 2, 2012
"Surveillance video captures “horrendous example” of excessive force, says lawyer." April 30, 2012
"Windsor police beating caught on tape." April 27, 2012
Interview of Julian Falconer on CBC Late Night. April 27, 2012
"Windsor detective to be sentenced Wednesday." April 27, 2012
"Windsor, Ont., cop pleads guilty in 'unprovoked' attack on doctor." April 26, 2012
"Det. Van Buskirk pleads guilty to assault of doctor." April 26, 2012
"Secretive cop discipline questioned." January 14, 2012
"Windsor police face $72 million in lawsuits." December 24, 2011
"Surveillance video contradicts Van Buskirk's report." December 23, 2011
"Windsor police officers accused of coverup." December 23, 2011
"Windsor Police Chief retires amid controversy." December 22, 2011
"Windsor police chief abruptly resigns." December 22, 2011
"Six Windsor police officers involved in beating lawsuit have tainted records." December 22, 2011
"Windsor, Ont., police chief failed to report beating: SIU." December 20, 2011
"Chief acts above the law." December 19, 2011
"Police watchdog's advice called 'unethical'". November 29, 2011
"Second police brutality lawsuit filed against Windsor police." November 9, 2011
"Chief, mayor mum on secret meeting." November 4, 2011
"Police chief reacts to coverup allegations." October 28, 2011
"MD's $14.2M suit alleges Windsor cops circled ranks in coverup." October 27, 2011
"Windsor doctor files $14.2M lawsuit over alleged police assault." October 27, 2011
"Windsor mayor shares concerns over police beating lawsuit." October 27, 2011
"MD felt officer was being 'unfair'." October 26, 2011
"Doctor felt bullied by Windsor police officers." October 26, 2011
"Windsor police face discreditable conduct charges." October 25, 2011
"Windsor police officers face police act charges in connection with Van Buskirk case." October 25, 2011
"Accused officer wins adjournment." June 14, 2011
"Windsor police detective David Van Buskirk fires lawyer in assault case." May 16, 2011
"SIU Release. Windsor Police Officer Faces Second Charge." August 12, 2010
"Windsor Police Officer Faces Second Charge." August 12, 2010
"Crown stays assault charge against local physician." June 16, 2010
"Cop charged in beating of visiting doc." June 10, 2010
"Windsor police detective charged with assault." June 9, 2010
"SIU charges Windsor detective with assault causing bodily harm." June 9, 2010
"Cop probed in MD's beating." May 19, 2010
Angel Sue Larkman v. Attorney General of Canada
Ms. Angel Sue Larkman seeks to set aside an Order in Council, dated December 1952, that purported to “voluntarily enfranchise” Ms. Larkman’s grandmother, Laura Flood. Now repealed, enfranchisement was the statutory regime aimed at assimilating Aboriginal peoples. Ms. Larkman argues that her grandmother’s enfranchisement was obtained by way of fraud as she did not, in fact, apply to have her Indian status revoked. Unable to read or write in 1952, Laura Flood was tricked into signing an application to have her Indian status revoked. The effect of this illegal Order in Council is that Ms. Larkman, her siblings, and their descendants are not entitled to “Indian” status.
Court Documents
Reasons for Decision. July 4, 2012
Applicant's Memorandum of Fact and Law. August 26, 2011
Supporting Affidavits and Documentary Exhibits. (Vol 1 of 2) August 26, 2011
Supporting Affidavits and Documentary Exhibits. (Vol 2 of 2) August 26, 2011
Respondent's Memorandum of Fact and Law. Sept 26, 2011
Respondent's Record Vol. I of II. Sept 26, 2011
Respondent's Record Vol. II of II. Sept 26, 2011
Transcript of Examination of Gary Penner. June 9, 2012
Transcript of Examination of Angel Sue Larkman. June 10, 2011
In the News
"Woman’s grinding quest to ‘right wrong’ and gain Indian status closer to end." July 29, 2012
"Angel Sue Larkman Indian Status: Woman's Quest To Gain Indian Status Closer To End." July 29, 2012
Ascent Incorporated v. Fox 40 International Inc. et al.
Falconer Charney LLP acts for Fox 40 International and its related entities in this hotly contested commercial litigation. The matter involves claims of joint venture partnerships, constructive trusts and breach of contract.
Decision
Master Dash dismisses Plaintiff’s motion to amend the Statement of Claim. July 14, 2009
Drennan et al. v. Suncor Energy Inc. et al.
Shawn and Tricia Drennan are landowners
facing a pending windfarm project known as Kingsbridge II. Kingsbridge II will
consist of upwards of 150 turbines one of which will be as close as
approximately 650 meters from their home. Twelve more turbines will be located
within the surrounding two kilometers. After learning that eleven families
living amongst two different wind projects (one located in their neighbouring
township) had their homes purchased by wind companies, the Drennans sought to
gather key information from these former residents about the adverse health and
safety effects of the wind turbines. However, they learned that as a part of the
buyout agreements, these residents were blocked from discussing any negative
experiences with the wind turbines, including adverse health effects.
The
Drennans, supported by the community group S.W.E.A.R. (Safe Wind Energy for All
Residents) will go to Court, asking the Court to invalidate the non-disclosure
clauses which gag their neighbours as fundamentally against the public
interest.
Related Documents
Costs Decision. December 17, 2012
Press Advisory. September 10, 2012
Notice to the Crown. September 10, 2012
Decision. July 18, 2012
Report of Dr. King, Chief Medical Officer of Health. May, 2010
Summons to Witness (Dr. King). October 17, 2011
Erickson v. Director, Ministry of the Environment. (Kent Breeze Decision) July 18, 2011
Factum of the Drennan Family. February 17, 2012
Factum of Dr. King. May 7, 2012
Issued Notice of Application. September 12, 2011
Press Advisory. September 12, 2011
Map of Kingsbridge II Wind Power Project
Map of Shawn and Tricia Drennan's house
Correspondence between counsel | 1 | 2 |
Drennan Family's Statement of Claim. November 14, 2012
Drennan Family's Notice of Motion (Injunction)
HMQ's Documents
K2 Wind Ontario's Documents
K2 Wind Ontario's Notice of Motion
In the News
Protestors out to support Drennans. March 5, 2013
Judge reserves decision on bid for injunction to stop K2 wind project. March 1, 2013
Wind Battle in Goderich Court. March 1, 2013
Wind energy developer asks court to dismiss injunction bid. February 27, 2013
Ontario Couple File Suit To Fight Wind Farm. September 11, 2012
Ontario couple going to court to halt wind farm pending health studies. September 11, 2012
Farm couple fights wind turbines. September 11, 2012
Ont. couple seeks injunction to stop wind-farm expansion. September 11, 2012
Ontario's MOH Compelled to Testify. July 21, 2012
Drennan Family Press Release. July 20, 2012
"Moratorium called for wind turbine farms." July 20, 2012
"Chief medical officer of health must testify in wind turbine case." July 20, 2012
"Chief medical officer of health must testify in wind turbine case: judge rules." July 20, 2012
"Top Ontario official to testify about wind power health risks." July 19, 2012
"Ont. couple goes to court over wind farm health concerns." September 13, 2011
"Farm couple challenges gag order of those who sell land to wind farms." September 13, 2011
"Family fights wind power gag order." September 13, 2011
G20: Adam Nobody
On June 26, 2010, Adam Nobody was one of many citizens who attended at Queen’s Park, the designated free speech zone, to peacefully assemble and protest during the G20 conference. At the Queen’s Park rally, police surrounded protestors and began to advance upon them in an attempt to have the protestors disperse. During the police advance, several members of the Toronto Police Service tackled Mr. Nobody to the ground and delivered several blows to Mr. Nobody. Once detained and handcuffed, Mr. Nobody was handed off to two plain-clothed officers who again engaged in a further use of force. As a result of the police actions, Mr. Nobody’s nose and cheek bone were broken. John Bridge, another citizen attending the protest, videotaped the initial arrest of Mr. Nobody and posted it on YouTube. The S.I.U. investigated the incident and found that the police officers who had initially arrested Mr. Nobody used “excessive force” but were unable to charge any of the involved officers because they were unidentifiable. Mr. Nobody was charged with obstruct justice and assault peace officer. Both charges were withdrawn by the Crown on October 1, 2010. At the time of withdrawal, the Crown indicated that there were no “reasonable and probable grounds” to arrest Mr. Nobody.
Criminal charges were laid against Cst. Babak Andalib-Goortani, who is now before the court on charges of assault with a weapon in relation to the assault of Mr. Nobody .
Sunil Mathai and Adam Nobody on CBC News: News Now. December 22, 2010
Sunil Mathai and Adam Nobody on Metro Morning Show. December 22, 2010
Adam Nobody responds to S.I.U. decision to lay charges. December 21, 2010
Julian Falconer and Adam Nobody on CBC's radio show, The Current. December 3, 2010
Newest footage of Mr. Nobody assault
Julian Falconer on Metro Morning Show. November 30, 2010. November 30, 2010
Bill Blair on Metro Morning Show. November 29, 2010
Police Chief Bill Blair's apology
Adam Nobody and John Bridge speak out
CBC National Video: G20 Police Misconduct
Raw video clips of police arrest of Adam Nobody Clip 1 | Clip 2
Affidavit of Video Clip Author, John Bridge
Photos of fractures to face and nose of Adam Nobody Picture 1 | Picture 2 | Picture 3 | Picture 4 | Picture 5
Transcript of Crown withdrawing charges against Mr. Nobody. October 1, 2010
Charging information against Mr. Nobody
In the News
"Officers tell their side of Adam Nobody's arrest." June 7, 2011
"One group of officers, two allegations of brutality." June 7, 2011
"Separate G20 assault cases likely to be combined at trial." February 28, 2011
"Toronto officer charged in G20 assault." December 21, 2010
"More voices on G20." December 11, 2010
"DiManno: New tape backs up protester’s beating allegation." December 11, 2010
"G20 fallout resonates." December 11, 2010
"14 officers identified in G20 takedown." December 9, 2010
"Chief Blair: Watch what he does." December 9, 2010
"Baton-wielding officer seen in new photo." December 9, 2010
"DiManno How long can Blair stay shackled." December 9, 2010
"Five officers identified in G20 beating." December 8, 2010
"The buck stops here, Chief Blair says." December 8, 2010
"Beaten protester urges chief to seek out responsible officers." December 8, 2010
"DiManno Make it right, Chief Blair." December 8, 2010
"Blair and SIU: So sorry, no snitching." December 7, 2010
"S.I.U. seeks witnesses who saw police beat protester." December 7, 2010
"DiManno: G20 Youtube video a sorry affair indeed." December 5, 2010
"Chief Blair apologizes to G20 protester at centre of YouTube video." December 3, 2010
"S.I.U. reopens investigation into G20 arrest." November 30, 2010
"How a man named Nobody became the battered face of G20 protests." November 30, 2010
"Blair blasts S.I.U. for speculating in G20 decision." November 29, 2010
"S.I.U. clears officers in G20 probe." November 26, 2010
"No police charged for civilian G20 injuries: S.I.U." November 26, 2010
G20: Free Press Coalition
During the G20 summit that took place in Toronto in June of 2010, many journalists found themselves arrested for reporting on police activities during the summit. Falconer Charney LLP acts for a coalition of independent journalists who were arrested during the summit while on assignment for various media outlets. Complaints have been brought to the Office of the Independent Police Review Director with respect to the police actions throughout the G20 summit.
In the News
"Toronto Police G20 probe a "cat and mouse" game, lawyer warns." June 1, 2011
"Police behaviour at G20 decried at inquiry." June 1, 2011
"Toronto police want more closed circuit cameras." November 16, 2010
"Police complaint director thrust into limelight." July 24, 2010
"Drop G20 review, police board told." July 22, 2010
"Duelling G20 probes may hinder each other." July 22, 2010
"Watchdog Special Investigations Unit probes five complaints of G20 police violence." July 8, 2010
Hafeez Mohamed et al. v. The Durham Regional Police Services Board et al.
A civil action against the Durham Regional Police dwelling from allegations of excessive force that left Hafeez Mohamed in the Intensive Care Unit of the St. Michael's Hospital for 57 days.
Court Documents
In the News
"Are these cops above the law". October 28, 2011
"Durham police beat man bloody during arrest." November 5, 2010
Manon et al. v. Toronto Police Services Board et al.
Junior Alexander Manon, an otherwise healthy 18 year old black teenager, died on May 5, 2010 while being forcibly restrained by Toronto Police officers Mike Adams and Stuart Blower. The cause of death, according to the Chief Forensic Pathologist, arises directly from how Junior Manon was restrained by the officers– ie. positional asphyxia. Excited delirium has been ruled out by Dr. Pollanen. Initially Junior Manon ran from police who were trying to arrest him for a driving offence. According to some eyewitnesses to portions of the altercation, Mr. Manon was on the ground in a defenceless position with at least one officer on top of him. Officers were seen using headlocks and punches and one officer was seen striking Junior Manon with his portable police radio.
The Inquest in to the death of Junior Manon began on January 16, 2012, and was completed in April, 2012, with the jury ruling the cause of his death at the hands of two Toronto Police officers to be “restraint asphyxia."
Court Documents
Statement of Claim. November 3, 2011
Coroner's Court Documents
Manon Family's motion. January 20, 2012
Manon Family's written submissions. January 20, 2012
In the News
"Coroner's jury says Junior Manon's death was accidental." May 8, 2012
"By what means did Junior Manon die in police custody?" April 26, 2012
"Friend of Junior Manon watched Toronto police beat teen, inquest told." February 16, 2012
"Teen in fatal arrest was face down and not moving, officer says." February 15, 2012
"Manon inquest: Senior cop thought teen had a pulse." February 10, 2012
"Second officer testifies at Manon inquest." February 8, 2012
"Officer denies deadly restraint used." February 8, 2012
"Lawyer fears homicide finding in inquest into teen’s death." February 6, 2012
"Police arrest inquest to hear new cause of death." February 3, 2012
"Cop walked away from dying man, inquest told." February 1, 2012
"Witnesses, coroner are wrong, officer tells inquest." January 30, 2012
"Manon's death 'worst-case scenario': police officer." January 30, 2012
"Toronto officer recounts violent struggle moments before Junior Manon died." January 27, 2012
"Toronto policeman testifies at Manon inquest." January 27, 2012
"Officer tells his story at Manon inquest." January 27, 2012
"Manon family wants G20 report heard at inquest." January 23, 2012
"Cop's 'propensity' to use force needs review, teen's family to urge inquest." January 23, 2012
"Discreditable police conduct in forceful G20 arrest of Adam Nobody report." January 20, 2012
"Charge G20 officers, police watchdog orders." January 20, 2012
"Man’s death in police custody spurs inquest." January 16, 2012
"Inquest to look at police custody death." January 8, 2012
Markovic et al. v. Abbott et al.
Throughout the mid-to late-1990s, criminal defense counsel began to raise concerns that officers from a Toronto Police Service drug squad, known as “Central Field Command”, were engaging in unlawful activities including the theft of cash and valuables. At present, five officers from the “Schertzer Team” are facing serious charges of alleged corrupt activities. The Falconer Group represents the Markovics, who have brought a civil suit against a second team from “Central Field Command” in which they allege that officers unlawfully arrested and assaulted them, and that in the course of the execution of search warrants the officers stole approximately $250,000.00 in cash and valuables from their home, business and safety deposit boxes.
Court Documents
Amended Statement of Claim. March 17, 2010
Factum of the Plaintiff. November 9, 2009
Decision
Master Dash’s decision on Plaintiff’s motion to amend the Statement of Claim. January 4, 2010
In the News
"Police ‘unplugged’ corruption probe, lawyer says." December 11, 2009
"Toronto Drug Officers face more corruption accusations." December 11, 2009
Drug Squad Special. December 2009
Mohamud et al. v. The Attorney General of Canada et al.
Suaad Hagi Mohamud is a Canadian mother who was travelling abroad and was stranded in Kenya for three months following a botched passport investigation by the Canadian government. Falconer Charney LLP represents Suaad Mohamud in her civil suit against the Canadian government.
In the News
"Ottawa faces $2.5M suit over ID mix-up." August 22, 2009
"Woman sues Ottawa for Kenya stranding." August 21, 2009
Nishnawbe Aski Nation v. Eden
Nishnawbe Aski Nation became concerned about the way in which the jury roll had been constituted as a result of information disclosed in the fall of 2008 at an inquest in Kenora. The information obtained in the other inquest indicated that Indian and Northern Affairs Canada had ceased providing band electoral lists to the provincial jury centre in 2000 and, as a result, First Nation people were significantly underrepresented in the Kenora jury roll. During the Inquest into the death of Reggie Bushie, Nishnawbe Aski Nation sought a summons to obtain evidence from the Thunder Bay sheriff to determine whether First Nation people were adequately represented on the Thundery Bay jury roll. The Coroner dismissed the request for a summons. Nishnawbe Aski Nation sought to judicially review the Coroner’s decision.
Court Documents
Court of Appeal Factums (R. v. Kokopenace and R. v. Spiers)
Factum of Nishnawbe Aski Nation
Factum of the Respondent, Her Majesty the Queen
Appellants' Amended Joint Factum
Factum of the Bushie and Pierre Families
Factum of the David Asper Centre for Constitutional Rights
In the News
"Appeal based on jury pool set for Monday." April 27, 2012
Press Release of Nishnawbe Aski Nation. May 31, 2012
Chief Coroner's Press Release. May 31, 2012
Nishnawbe Aski Nation's Press Release. May 23, 2012
Jury Selection Motion Transcripts
Court of Appeal Judgment. March 10, 2011
Divisional Court’s decision granting NAN’s request for a stay of Coroner’s Inquest
Divisional Court’s decision on NAN’s Application for Judicial Review (under appeal)
Joint Factum of the Appellants. March 22, 2010
Affidavit of Rolanda Peacock. September 8, 2008
Coroner's Court Bushie Exhibits
Exhibit 1- Materials with respect to the 2011 Jury Roll for the Judicial District of Thunder Bay, Crown Law Office Civil, Ministry of the Attorney General
Exhibit 2- Additional materials from the Ministry of the Attorney general, WeirFoulds LLP, Barristers & Solicitors
Exhibit 3- Brief 3: Materials with respect to the 2011 Jury Roll for the District of Thunder Bay
Exhibit 4- Jury Roll package for 2010-2010 re: First Nations Band List Requests
Exhibit 5- Analysis dated by Coroner's counsel
Exhibit 6- Jury Management Training Manual
Exhibit 7- Letter dated September 10, 2008 to the Honourable Chris Bentley from Julian Falconer
Exhibit 8- Letter dated October 15, 2009 to Julian Falconer from the Honourable Chris Bentley
Exhibit 9- Wareham Transcript
Exhibit 10- Court of Appeal Judgment re: Pierre and King Families
Exhibit 11- Letter dated February 2, 2009 from Kimberly Murray to Robert Gordon Re: Jury Roll for Thunder Bay District
Exhibit 12- Peacock Affidavit dated September 8, 2008
Exhibit 13- Letter dated March 22, 2011 from Julian Falconer to Robert Nicholson and John Duncan re: NAN-ALST Coalition & the legality of Jury Rolls in Ontario
Exhibit 14- Letter dated April 20, 2011 from Elizabeth Chatillon to Julian Falconer in reply to letter dated March 22, 2011
Exhibit 15- Letter dated December 17, 2008 from Deborah Kinsella to Kimberly Murray Re: Bushie Inquest
Exhibit 16- Letter dated January 6, 2009 from Trevor Jukes to Deborah Kinsella Re: Bushie Inquest
Exhibit 17- Appendix D- First Nations Reserve List
Related Documents
News Release: Inquest Hearing Into The Death of Reggie Bushie Announced. July 5, 2011
Mandate of Jury Roll Inquiry. August 11, 2011
NAN Press Release. August 11, 2011
Backgrounder on Jury Roll. August 11, 2011
Ontario Press Release. August 11, 2011
Hansard Transcript. May, 17, 2011
R. v. Wareham Transcript. March 11, 2011
Letter- Julian Falconer to Attorney General Chris Bentley. September 10, 2008
Response from Attorney General Chris Bentley to Julian Falconer. October 15, 2008
Ontario Press Release. August 11, 2011
Related Documents (from February 7-9, 2012 Preparation for Consultations)
The Jury System and First Nations People- Frequently Asked Questions
Mandate of Jury Roll Inquiry. August 11, 2011
Flyer (English)
Flyer (Oji-Cree)
Court of Appeal Judgment. March 10, 2011
Affidavit of Rolanda Peacock. September 8, 2008
In the News
"Ontario calls joint inquest into 7 aboriginal student deaths." May 31, 2012
"Sweeping probe into deaths of 7 native teens announced." May 31, 2012
"First Nations want inquest into 7 student deaths." May 23, 2012
"Broad inquest into deaths of seven native teens a step closer." May 23, 2012
"Aboriginal juror shutout before Appeal Court." April 29, 2012
"Lack of aboriginal jurors on trial: killers fight guilt in Appeal Court." April 29, 2012
"Lack of aboriginal jurors troubles court." April 29, 2012
"Appeal based on jury pool set for *Monday." April 27, 2012
*The appeal is actually set to be heard on Wednesday, May 2, 2012
NAN calls for inquiry into teen deaths." September 15, 2011
"NAN calls for inquiry." September 13, 2011
"NAN calls for Commission of Inquiry into the deaths of seven NAN youth in Thunder Bay." September 12, 2011
"Thunder Bay youth deaths spur inquiry calls." September 12, 2011
"‘We’re hopeful’." September 9, 2011
"Coroner suspends inquest into native teens death." September 9, 2011
"Time to have judges preside over inquests?" August 22, 2011
"NAN deputy chief applauds investigation into jury rolls." August 13, 2011
"Ontario to review lack of First Nations jurors." August 12, 2011
"Ont. calls inquiry into aboriginal participation on juries." August 11, 2011
"Province causing delays in native teen inquests: NDP." May 17, 2011
"Jury roll issues could cripple justice system." March 31, 2011
Julian Falconer on Ontario Today, CBC Radio- Trial Delayed Because Jury Pool Excludes Aboriginals. March 17, 2011
NAN News Release. March 16, 2011
NAN Seeks Answers from Attorney General on Jury Rolls. March 16, 2011
Press Advisory, Falconer Charney LLP. March 10, 2011
"Province ordered to explain why natives excluded from jury pools." March 10, 2011
"Fairness of Ontario jury pools need inquest judge rules." March 10, 2011
Related News
"No aboriginals on juries undermines trials" Lawyers Weekly Issue: April 8, 2011
"Jury trials on hold." March 18, 2011
"Jury concern stalls trial." March 16, 2011
"Judicial inquiry into local jury rolls ordered." March 12, 2011
Nishnawbe Aski Nation- Iacobucci Jury Rolls Review
On August 11, 2011, the Ontario Government announced that an independent review would be conducted into the issue of First Nations Reserve community members' exclusion from jury rolls in Ontario.
Former Supreme Court of Canada Justice, the Honourable Justice Frank Iacobucci, was appointed to conduct a systemic review by reporting on past practices, and to make recommendations to enhance representation of First Nations in the justice system. His Report was released on February 26, 2013
Related Documents
Report. February 26, 2013
Mandate of Jury Roll Inquiry. August 11, 2011
NAN Press Release. August 11, 2011
Backgrounder on Jury Roll. August 11, 2011
Letter- Julian Falconer to Attorney General Chris Bentley. September 10, 2008
Response from Attorney General Chris Bentley to Julian Falconer. October 15, 2008
Ontario Press Release. August 11, 2011
Court of Appeal Judgment. March 10, 2011
Further Documents
The Jury System and First Nations People- Frequently Asked Questions
Flyer (English)
Flyer (Oji-Cree)
Affidavit of Rolanda Peacock. September 8, 2008
In the News
"Jury rolls in crisis." February 26, 2013
"Justice, jury systems in ‘crisis’ for Ontario First Nations." February 26, 2013
"'Systemic racism’ toward natives in justice system, Frank Iacobucci finds." February 26, 2013
"Statement from Attorney General on the Review of First Nations Representation on Juries." February 26, 2013
"Justice for Ontario first nations people ‘in crisis,’ Iacobucci reports." February 26, 2013
"Justice system failing First Nations, report finds." February 26, 2013
"NAN deputy chief applauds investigation into jury rolls." August 13, 2011
"Ontario to review lack of First Nations jurors." August 12, 2011
"Ont. calls inquiry into aboriginal participation on juries." August 11, 2011
Consultations Schedule
March 29-30, 2012- Preparation for Consultations- Poplar Hills and Sachigo First Nation to prepare for eventual consultations with the Iacobucci Review team.
March 26-27, 2012- Preparation for Consultations- Mishkeegogamang First Nation to prepare for eventual consultations with the Iacobucci Review team.
March 20-22, 2012- Preparation for Consultations- Poplar Hill, Sachigo and Mishkeegogamang First Nations to prepare for eventual consultations with the Iacobucci Review team.
March 8, 2012- Preparation for Consultations- Pikangikum First Nation to prepare for eventual consultations with the Iacobucci Review team.
March 7, 2012- Consultations Conducted in Sandy Lake
March 1, 2012- Preparation for Consultations- Ginoogaming First Nation to prepare for eventual consultations with the Iacobucci Review team.
February 29-March 1, 2012- Consultations Conducted in Constance Lake
February 14-15 2012- Consultations Conducted in Mattagami First Nation and Moose Cree First Nation.
February 7-9, 2012- Preparation for Consultations - Moose Cree First Nation and Constance Lake First Nation to prepare for eventual consultations with the Iacobucci Review team.
January 31-February 2, 2012- Consultations Conducted in Keewaywin First Nation, Kasabonika First Nation, and Webequie First Nation.
January 26, 2012- Preparation for Consultations - Sandy Lake First Nation to prepare for eventual consultations with the Iacobucci Review team.
January 25, 2012- Preparation for Consultations - Keewaywin First Nation to prepare for eventual consultations with the Iacobucci Review team.
January 24, 2012- Preparation for Consultations - Kasabonika First Nation to prepare for eventual consultations with the Iacobucci Review team.
January 23, 2012- Preparation for Consultations - Webequie First Nation to prepare for eventual consultations with the Iacobucci Review team.
December 14, 2011- Preparation for Consultations - Mattagami First Nation to prepare for eventual consultations with the Iacobucci Review team.
November 22, 2011- The Honourable Frank Iacobucci addresses 46 First Nations Chiefs
NAN's Special Chiefs Assembly in Thunder Bay: Today, the Honourable Frank Iacobucci addressed 46 First Nations Chiefs from NAN communities, explaining the function of his Inquiry into the jury rolls and introducing his legal counsel, John Terry and Candice Metallic. NAN counsel Julian Falconer addressed the Chiefs by way of update in respect of NAN's role on the Iacobucci review and in order to explain further the Notices sent to NAN communities about their band lists that are the subject of a motion in the R. v. Kokopenace case in the Court of Appeal.
Nishnawbe Aski Nation Human Rights Complaint
Namaygoosisagagun, Eabametoong and Nibinamik First Nations supported by Nishnawbe Aski Nation (NAN), represented by Julian Falconer, have launched a Human Rights complaint as a result of a human rights violation that was committed by members of the Thunder Bay Police Service in their conduct during a police investigation into the murder of a First Nations individual in Thunder Bay earlier this month. The incident stems from a Thunder Bay Police Service News Release accidently sent to members of the Thunder Bay media on September 1, 2012 containing virulent and demeaning stereotypes about First Nations people. A second news release was sent seconds later, saying the first news release was sent in error.
Related Documents
Human Rights Complaint | Schedule A |
NAN News Release. September 21, 2012
NAN News Release, September 18, 2012
In the News
"Hobbs apologizes." September 21, 2012
"First Nations community angry over northern Ontario police force's mock press release." September 20, 2012
"Complaint filed over ‘Fresh Breath’ email." September 19, 2012
"'Erroneous’ Press Release the tip of the iceberg." September 19, 2012
"Thunder Bay police don’t understand why joking about an aboriginal murder victim is grotesque." September 19, 2012
"NAN fed up with police racism." September 19, 2012
"Thunder Bay police ‘insulted’ by human rights complaint." September 19, 2012
"First Nations launching human rights complaint against police." September 18, 2012
"Complaint Filed." September 17, 2012
"Thunder Bay Police Service blamed for 'mistreatment' and 'systemic racism'." September 17, 2012
"Sad state of affairs." September 17, 2012
Penner v. Niagara Regional Police Services et al.
The appellant, Wayne Penner, was arrested for causing a disturbance during a trial. He filed a police complaint with the Police Services Board, alleging police misconduct, unlawful arrest and use of unnecessary force. The hearing officer found that the arrest was lawful and no unnecessary force was used. The Civilian Commission on Police Services overturned the hearing officer's decision because he had failed to determine whether the arresting officers had the lawful authority to make an arrest but agreed that no unnecessary force was used. On judicial review of the Commission's decision, the Divisional Court restored the hearing officer's decision. The appellant commenced a civil action, suing the officers and the Niagara Regional Police Services Board for unlawful arrest, unnecessary use of force, false imprisonment and malicious prosecution. The Respondent Officers and the Police Services Board brought a Motion to Strike the claim on the basis of issue estoppel. The Ontario Court of Appeal struck the appellant’s claim, holding that issue estoppel applies to the findings of a police disciplinary hearing so as to prohibit a public complainant from seeking civil law compensation for alleged police misconduct. The Supreme Court of Canada granted the Appellants' request for leave to appeal the Ontario Court of Appeal’s decision. The appeal was heard on January 11, 2012, and the decision was released on April 5, 2013, reversing the Ontario Court of Appeal, holding that decisions of police discipline adjudicators cannot tie the hands of judges in lawsuits against the police.
A recording of the proceedings can be viewed by clicking here
Press Advisory. April 5, 2013
Court Documents
Supreme Court decision. April 5, 2013
Factum of the Appellant. July 14, 2011
Factum of the Respondents. September 8, 2011
Notice of Appeal. April 21, 2011
Supreme Court Judgment Granting Leave to Appeal. March 24, 2011
Factum on Leave to Appeal. November 26, 2010
Court of Appeal Judgment. September 27, 2010
Intervenor Factums
Factum of the British Columbia Civil Liberties Association
Factum of the Canadian Civil Liberties Association
Factum of the Criminal Lawyers Association
Factum of the Urban Alliance on Race Relations
Factum of the Attorney General for Ontario
Factum of the Canadian Police Association
In the News
"Supreme Court ruling gives NOTL man right to sue Niagara Regional Police." April 16, 2013
"Cops can't use complaints process as shield against lawsuits, top court says." April 5, 2013 (Ottawa Citizen)
"Canada's high court says cops can’t hide behind complaints system." April 5, 2013
"Cops can't use complaints process as shield against lawsuits, top court says." April 5, 2013 (Vancouver Sun)
"Supreme Court rules citizens can both file police complaints and sue police forces." April 5, 2013
"Cops can’t use complaints process as shield against lawsuits." April 5, 2013
"Cops can’t use complaints process as shield against lawsuits: top court." April 5 2013
"Cops can't use complaints process as shield against lawsuits." April 5 2013 (CBC)
R.N. et al. v. Her Majesty the Queen in Right of Ontario et al.
Falconer Charney LLP represents the N. Family in their Human Rights Complaints against the Ontario government, the Lakehead District School Board and others. A teacher’s aide at a Thunder Bay elementary school cut the hair of a seven year old Aboriginal student against his will. Despite the outcries from the family, no criminal charges were laid against the teacher’s aide.
Human Rights Tribunal Documents
N. Family's human rights application
Human Rights Complaint Schedule "A" of R.N. on behalf of C.N.
Human Rights Complaint Schedule "A" of R.N.
Human Rights Complaint Schedule "A" of J.N.
N. Family's reply to a response
In the News
"Haircut aftermath." November 17, 2010
"Family outraged after student's hair cut." May 30, 2009
"Thunder Bay mom wants answers after teacher’s aide chops off son’s hair."
May 21, 2009
Rotolo et al. v. Niagara Regional Police Services Board et al.
During the early morning hours of July 25, 2007, in the midst of a health crisis due to cocaine toxicity, Orlando Rotolo, a 29 year old father of two, sought the assistance of the Niagara Regional Police. The officers that arrived on the scene attempted to arrest Orlando. During the course of the arrest, officers used what some civilian eyewitnesses described as a disturbing amount of force in attempting to subdue Orlando who was in crisis. The police violence (administered by 4-6 Officers from Niagara Regional Police Service) included multiple baton strikes while Orlando was on the ground, multiple punches and kicks and the use of pepper-spray deployed to Orlando's face while he was handcuffed sitting on the ground following the beating. The Officers defended their actions on the basis that Orlando is very big and was displaying "super-human" strength. After the arrest, Orlando displayed signs of respiratory distress and an ambulance was called. When the paramedics arrived, they administered a large dose of a pre-operative sedative. Orlando collapsed immediately after the administration of the sedative. Following an Inquest that took place over 9 days during the months of April and September 2010, the Coroner’s Jury returned a verdict which concluded, among other things, that Orlando died of the toxic effects of cocaine. The jury also made recommendations directed at the identification of individuals who are emotionally disturbed and issues of training of police in this area.
Court Documents
Amended Statement of Claim. Sept 22 2010
Verdict of Coroner's Jury. Sept 29, 2010
In the News
"Coroner's jury recommends NRP review their policy." September 29, 2010
"NRP should have tried other options, says lawyer for the family". September 28, 2010
"Police trained to deal with disturbed people: Expert." September 27, 2010
"Victim described as a man of unusual strength." September 22, 2010
"Man agitated in run-in with 6 cops, inquest told." September 21, 2010
"Inquest into the death of Orlando Rotolo announced." August 16, 2010
"Rotolo inquest continues." April 27, 2010
Schaeffer et al. v. Wood et al.
Falconer Charney LLP represents the Schaeffer and Minty families in an Application against police officers involved in the death of their family members. The Application seeks judicial interpretation of various provisions of the Police Services Act to determine whether the conduct of the involved police officers is consistent with the Police Services Act and the regulations passed pursuant to the Act. The Notice of Appeal from the ruling of the Divisional Court was filed with the Court of Appeal on July 19, 2010, and a hearing before the Court of Appeal was heard on September 7-9, 2011 The Court of Appeal released its ruling on November 15, 2011. On January 13, 2012, the Respondent Police Officers involved in the Schaeffer/Minty Application commenced an Application for leave to appeal the Court of Appeal’s decision to the Supreme Court of Canada. The appeal was heard by the Supreme Court of Canada on April 19, 2013, and is currently under reserve.
A recording of the proceedings can be viewed by clicking here
Superior Court Documents
Justice Low’s decision on the Respondents’ Motion to Strike. June 23, 2011
Notice of Appeal. July 19, 2010
Families' Cost Submissions. November 3, 2010
Ruling on Costs Motion. November 25, 2010
Court of Appeal Documents
Court of Appeal Decision. November 15, 2011
Families' Factum on Cross Appeal (Costs). Aug 29, 2011
Families' Factum on Mootness. August 18, 2011
Families' Factum on Main Appeal. March 16, 2011
Factum of the Respondent, S.I.U. Director Ian Scott (Main Appeal). May 13, 2011
Factum of the Respondent Officers (Mootness). July 26, 2011
Factum of the Respondent Officers (Main Appeal). May 12, 2011
Factum of the Respondents Officers on Cross Appeal (Costs). August 4, 2011
Intervenor Factums (Court of Appeal)
Factum of Criminal Lawyers' Association. August 15, 2011
Factum of Police Association of Ontario. August 16, 2011
Factum of Canadian Civil Liberties Association. August 15, 2011
Factum of Ontario Association of Chiefs of Police. August 15, 2011
Factum of Urban Alliance on Race Relations. August 15, 2011
Factum of Andrew McKay. August 15, 2011
Supreme Court of Canada Documents
Court of Appeal Decision. November 15, 2011
Families' Factum on Main Appeal. February 25, 2013
Families' Factum on Cross Appeal. February 25, 2013
S.I.U.'s Factum on Main Appeal. February 1, 2013
S.I.U.'s Factum on Cross-Appeal. February 1, 2013
Officer's Factum on Main Appeal. November 12, 2012
Officer's Factum on Cross-Appeal. March 7, 2013
(Ret.) OPP Commissioner Fantino's Factum. February 4, 2013
Supreme Court Judgment on Leave to Appeal. June 28, 2012
Notice of Application for Leave to Appeal. January 13, 2012
Families' Memorandum of Fact and Law. March 13, 2012
Families' Notice of Application for Leave to Cross-Appeal. March 13, 2012
SIU Director's Memorandum of Argument. March 12, 2012
SIU Director's Notice of Application for Leave to to Cross-Appeal. March 12, 2012
Police Officers' Notice of Application for Leave to Appeal. January 13, 2012
Police Officers' Memorandum of Fact and Law. January 13, 2012
Factum of Aboriginal Legal Services of Toronto. April 4, 2013
Factum of the British Columbia Civil Liberties Association. March 27, 2013
Factum of the Criminal Lawyers Association. April 3, 2013
Factum of Richard Rosenthal, Chief Civilian Director of the Independent Investigations Office of British Columbia. April 5, 2013
Factum of the Canadian Civil Liberties Association. April 3, 2013
Factum of the Urban Alliance on Race Relations. April 4, 2013
Factum of the Canadian Police Association & Police Association of Ontario. March 31, 2013
Decisions
Supreme Court Judgment on Leave to Appeal. June 28, 2012
Court of Appeal Decision. November 15, 2011
Justice Low’s decision on the Respondents’ Motion to Strike (decision appealed). June 23, 2011
Related Documents
Ontario Regulation made under the PSA Amending O.Reg. 267/10
LeSage Report. April 4, 2011
"Oversight Undermined" | PDF | Link |
In the News
"Supreme Court to hear arguments about whether police under investigation can have lawyers vet notes." April 19, 2013
"Top court to hear battle over police notes." April 18, 2013
"High court to decide on whether cops under a cloud can have lawyers vet notes." June 28, 2012
Schaeffer/Minty Families' Press Advisory. December 14, 2011
"Another denial of police humanity." November 26, 2011
Falconer Charney Press Advisory. November 15, 2011
S.I.U. News Release. November 15, 2011
"Ruling prohibits cops from 2 sets of notes." November 15, 2011
"Ontario court ruling a win for families of people killed by officers." November 15, 2011
"Lawyers can't vet officers' notes in SIU cases, court rules." November 15, 2011
"No lawyer vetting of notes for investigations of police court." November 15, 2011
"Ontario top court rules police under SIU probe cannot have lawyer vet notes." November 15, 2011
"Ont. court says lawyers can't help police write notes." November 15, 2011
"Ontario court ruling a win for families of people killed by officers."November 15, 2011
"Appeal judges skeptical about police “note vetting” claim." September 8, 2011
"Panel reserves decision on Levi Schaeffer family's appeal, decision could take months." September 8, 2011
"Families appeal for SIU changes in Ontario court." September 8, 2011
"Be vague about how many times you shoot, officers in SIU probes told." September 7, 2011
"Court to hear families' appeal in separate police shootings." September 6, 2011
"Schaeffer shooting issues head to appeal." September 3, 2011
"Family of Peterborough man shot by OPP returning to court next week to appeal ruling on SIU investigations." September 3, 2011
S.I.U. News Release. June 23, 2011
"Ontario Acts On Recommendations." June 23, 2011
"Police officers probed by SIU to face new curbs". June 24, 2011
"Cohn: With SIU and police at war, attorney general ducks." April 10, 2011
"Report on police conduct to prevent collusion in SIU reviews." April 8, 2011
"New rules urged for SIU probes." April 7, 2011
"Families of men killed by OPP get day in court." February 3, 2011
"Families of shooting victims saved from hefty bill." November 25, 2010
"Very Suspicious." November 11, 2010
"Police seek cash from families of dead men." November 10, 2010
"S.I.U. missed key questions after man shot five times." November 4, 2010
"Police notes questioned after man fatally shot." November 3, 2010
"Ont. lawyers pulled from S.I.U. case against OPP." May 13, 2010
"Court case may affect way police take notes." May 12, 2010
"S.I.U. calls OPP Fantino conduct illegal." May 11, 2010
"Families push for changes to S.I.U. rules." November 5, 2009
Levi Schaeffer Inquest
Verdict of Coroner's Jury. March 11, 2011
"Inquest ends." March 11, 2011
"Son on the mend when shot." March 11, 2011
"Mother speaks at inquest into son's death." March 10, 2011
"Cop thought he was going to die." March 4, 2011
"Inquest Day 4: "No other options," officer says. March 3, 2011
"Shooting justified, says officer." March 3, 2011
"OPP constable testifies during Day 2 of inquest." March 1, 2011
"OPP officer who shot Peterborough man to testify Wednesday as coroner." March 1, 2011
"Inquest begins." February 28, 2011
Smith et al. v. Attorney General of Canada et al.
Ashley Smith was a 19 year old who died in custody at Grand Valley Federal Institution in Kitchener, Ontario. The conditions of Ashley’s detention were deplorable and dehumanizing. Falconer Charney LLP represented the Smith Family in their lawsuit against the Canadian government and others, seeking to hold those individuals responsible for Ashley’s preventable death accountable. In March, 2011, the civil lawsuit on behalf of the family of Ashley Smith was settled. While the matter has been settled to the satisfaction of all parties, the terms of settlement reached remain confidential.
Civil Action
Amended Statement of Claim. November 18, 2010
Statement of Defence. (Attorney General of Canada) February 26, 2010
Dismissal and Costs Order. December 7, 2010
Smith Family Factum, November 26, 2010
Court order dated November 22, 2010
Amended Statement of Claim. (November 18, 2010)
Court endorsement concerning document production (November 10, 2010)
Attorney General of Canada's Notice of Motion, May 26, 2010
Court endorsement concerning document production (April 6, 2010)
Related Reports
Report of Dr. Beaudry concerning forced injections at Joliette
A Preventable Death: Correctional Investigator of Canada
Office of Correctional Investigator- Initial Assessment
Office of Correctional Investigator- Second Assessment
Office of Correctional Investigator- Third Assessment
Office of Correctional Investigator- Final Assessment
Ombudsman's Report- The Ashley Smith Report
In the News
"Time to have judges preside over inquests." August 22, 2011
"Smith family's lawyer protests coroner switch." July 22, 2011
"Coroner swap could imperil Ashley Smith inquest." July 21, 2011
"Ashley Smith's family questions coroner's removal." July 20, 2011
"Ashley Smith case prompts soul searching over value of coroner's inquests." July 9, 2011
Coroner at Ashley Smith inquiry abruptly replaced. June 29, 2011
Christie Blatchford: New coroner in charge of Ashley Smith inquiry is also, tellingly, a lawyer. June 29, 2011
Ashley Smith coroner calls it a career. June 29, 2011
New coroner appointed to Ashley Smith inquest. June 29, 2011
No place for secrecy in teen suicide inquests. June 22, 2011
Ashley Smith inquest may be webcast. June 15, 2011
Fifth Estate wins award for Ashley Smith docs. June 14, 2011
Ashley Smith inquest could be broadcast on web. June 14, 2011
Coroner in Ashley Smith inquest faces barrage of criticism. May 28, 2011
Why so secretive? Ashley Smith inquest becoming a bad joke. May 27, 2011
Ashley Smith inquest abruptly adjourned in cloud of secrecy. May 26, 2011
Coroner misread law in excluding prison videos from Ashley Smith inquest, Court rules. May 19, 2011
Coroner ordered to reconsider excluding graphic videos in Ashley Smith inquest. May 19, 2011
Court overturns coroner ruling at Ashley Smith inquest. May 19, 2011
Allegations of ambush at start of Ashley Smith prison death inquest. May 16, 2011
Black out Ashley Smith evidence: prison service. May 16, 2011
Ashley Smith family settles $11M suit. May 4, 2011
Exclusive: Ashley Smith’s family settles wrongful death lawsuit. May 4, 2011
Judge says no to release of Ashley Smith prison tapes. April 27, 2011
Bid to see N.B. teen's prison treatment quashed. April 27, 2011
Judge weighs release of Ashley Smith prison videos. April 18, 2011
Judge ponders whether to release Ashley Smith videos. April 18, 2011
Prison chief fights release of Ashley Smith video. April 15, 2011
Why is coroner's office ignoring crucial evidence in teen's suicide? March 31, 2011
Court challenge could derail start of Ashley Smith inquest. March 30, 2011
Ashley Smith’s family challenges coroner’s ruling. March 29, 2011
Ashley Smith's family wants drugging tapes shown. March 29, 2011
Press Advisory of Falconer Charney LLP. March 29, 2011
Coroner rejects Ashley Smith drugging tapes. March 28, 2011
Coroner rejects bid for inquest to see Ashley Smith prison tapes. March 28, 2011
Coroner excludes Smith drugging video for inquest. March 28, 2011
Quebec prison video not relevant to inquest into Ashley Smith. March 16, 2011
All evidence must be presented. March 3, 2011
Coroner could seek video for Ont. inmate death inquest. March 2, 2011
Ashley Smith jury should see blunt video. March 1, 2011
Prison videos excluded from Ashley Smith death probe. March 1, 2011
Ashley Smith's family says coroner's office refusing to seek key evidence. February 28, 2011
Ashley Smith jurors barred from stark video. February 28, 2011
"Ashley Smith inquest set to start in April, could last until 2012." January 11, 2011
"Coroner's inquest into woman's death in Ontario prison set for April 4." January 11, 2011
"Ashley Smith inquest delayed until April." January 11, 2011
"Kudos to Ashley's Lawyers." November 22, 2010
"Ashley Smith- Right Move on Inquest." November 15, 2010
"Ashley Smith Inquest broadened." November 12, 2010
"Ashley Smith's requests for help ignored." November 12, 2010
"Coroner plans detailed inquiry into Ashley Smith's death." November 11, 2010
"Girl's death shows problems in Corrections." November 8, 2010
"Family of Ashley Smith requests criminal probe." November 3, 2010
"Ashley Smith's family wants RCMP probe." November 2, 2010
"Ashley tortured-lawyer." November 2, 2010
"Family calls for RCMP to probe Ashley Smith prison death." November 2, 2010
"Prison death probe set to expand beyond Ashley Smith's case." November 2, 2010
"Ashley Smith family demands criminal probe." November 2, 2010
"Ashley Smith's treatment was `barbaric,' lawyer says." November 2, 2010
"Ashley Smith's sedations in custody unwarranted - report." November 1, 2010
"Correctional service 'suffers from corruption,' Ashley Smith hearing told." November 1, 2010
"Lawyers argue for broader scope in Ashley Smith death Inquest." November 1, 2010
"Ashley Smith's death was an accident, not suicide, report says." October 29, 2010
"Corrections’ officials withholding dead inmate’s records- lawyer."
July 24, 2010
"To Ashley Smith As Promised." May 16, 2010
"Dead N.B. teen’s family calls for broader Inquest." January 10, 2010
"Ashley Smith’s family sues over death in prison." October 8, 2009
"Parents sue over daughter’s jail death." October 8, 2009
"Ashley’s death needless, Coralee Smith says." March 4, 2010
"Fifth Estate Episode: Behind the Wall." November 12, 2010
"Fifth Estate Episode: Out of Control" January 8, 2010
Supreme Auto Group Inc. v. Toronto Police Services Board et al.
Falconer Charney LLP represents Supreme Auto Group Inc. in its civil suit against the Toronto Police Services Board and others for defamatory comments made during a Toronto Police Service Press Conference. The civil suit also has a claim of negligent investigation against the Toronto Police Service and the Durham Police Service.
Decision
Justice Chapnik dismisses Defendants’ Motion to Strike the Statement of Claim
The Truth and Reconciliation Commission of Canada v. The Attorney General of Canada
Falconer Charney LLP represents the Truth and Reconciliation Commission in its Application and in its Request for Directions on the issue of document production. Though the federal government has been aware of its need to provide all relevant documents since the signing of the 2005 Agreement-in-Principle that preceded the final Settlement Agreement, the federal government has provided the Commission with only a very limited portion of the relevant documents in its possession. The issues relating to Canada’s document production obligations are scheduled for hearing on October 15 and 16, 2012.
Press Release. December 3, 2012
Court Documents
Decision. January 30, 2013
Request for Direction. October 15, 2012
Amended Application. October 19, 212
Notice of Application. March 2, 2012
Request for Direction. April 4, 2012
In the News
"Ontario Regional Chief Welcomes Superior Court Decision Regarding Residential School Records." February 2, 2013
"Ottawa Ordered by Courts to Provide All ‘Relevant’ Documents to the Truth and Reconciliation Commission." January 31, 2013
"Ottawa ordered to find and release millions of Indian residential school records." January 30, 2013
"Ottawa ordered to provide all residential schools documents." January 30, 2013
"Feds ordered by court to release residential school documents." January 30, 2013
"Government ordered to release residential schools documents." January 30, 2013
"The Hill: Court to determine fate of Harper’s residential schools promise." December 19, 2012
"Ottawa balked at high cost of releasing residential school records." December 19, 2012
Interview of Julian Falconer, counsel to the TRC
Interview of Kim Murray, Executive Director of the TRC
"Residential school survivor says talking brings healing." December 4, 2012
"Truth commission goes to court to get government documents." December 3, 2012
"Truth and Reconciliation Commission taking Ottawa to court." December 3, 2012
"TRC seeks documents on residential schools." December 3, 2012
"Feds to release school abuse files." December 4, 2012
"Commission taking feds to court over residential schools documents." December 3, 2012
Notable Settled Cases
| Arar et al. v. Her Majesty the Queen in Right of Canada et al. | Bowen et al. v. The Regional Municipality of Peel Police Services Board et al. | Khan et al. v. Asselin et al. | Solomon et al. v. Hamilton Health Sciences Corporation et al. |
Arar et al. v. Her Majesty the Queen in Right of Canada et al.
Falconer Charney LLP represented Maher Arar and his family in his lawsuit against the Canadian government following his illegal rendition and torture in Syria. The case made Canadian legal history when it became the largest human rights settlement allotted to an individual plaintiff.
Maher Arar Settlement Announcement. January 26, 2007
Courtesy of CTV
Bowen et al. v. The Regional Municipality of Peel Police Services Board et al. *
Former Toronto Argonaut, Orlando Bowen was brutally attacked by two Peel police officers and had cocaine planted on his person. After vigorously defending his name, Orlando Bowen was acquitted of all charges. Falconer Charney LLP represented Mr. Bowen and his family in their civil suit against the Peel Regional Police Service Board for malicious prosecution and negligent investigation.
In the News
"Former Argo football player suing police for $14.6 million." March 26, 2006
"Linebacker slaps Peel Police with a big lawsuit." March 23, 2006
Khan et al. v. Asselin et al. *
Falconer Charney LLP represented Mr. Kevin Khan in a malicious prosecution claim against members of the Toronto Police Services. Mr. Khan’s claim arose from a finding of Justice Malloy that officers had engaged in racial profiling when they detained and arrested Mr. Khan.
Decision
Solomon et al. v. Hamilton Health Sciences Corporation et al. *
Falconer Charney LLP represented the family of Mohammed Waiga in a medical malpractice lawsuit against Hamilton Health Sciences Corporation and others. Mr. Waiga died as a result of parasite that went undetected by medical professionals despite numerous warning signs as to the cause of Mr. Waiga’s illness.
* In accordance with standard practices on out of court settlements, the terms of the out of court resolutions are confidential where the parties so stipulate. The fact of the settlement is not.
Historical Cases
| Commissioner Fantino v. MacDonald and Jevons | Hill v. Hamilton Wentworth Police | Odhavji Estate et al. v. Woodhouse et al. | R. v. Williams | R. v. P. (M.B.) | R. v. Colarusso | Gnanasegaram v. Allianz Insurance Co. of Canada | R. v. Spencer | R. v. Brown | Toronto (Metropolitan) Police Force v. Bromell et al. | R. v. Budreo | R. v. Willis | Booth v. Huxter | Black Action Defence Committee and Urban Alliance on Race Relations v. Huxter|
Commissioner Fantino v. MacDonald and Jevons
This case is the first discipline prosecution of commissioned officers in the history of the O.P.P. Falconer Charney LLP represented both officers who maintained their innocence throughout. During the middle of a contentious cross-examination of O.P.P. Commissioner Julian Fantino by Mr. Falconer, the Commissioner brought a judicial review application on the grounds of a reasonable apprehension of bias against the adjudicator. The application was dismissed by both the Divisional Court and the Court of Appeal. All charges against Superintendent MacDonald and Inspector Jevons were subsequently withdrawn.
Court Documents
Factum of MacDonald and Jevons (Court of Appeal)
Factum Re: Fresh Evidence (Court of Appeal)
Excerpts of Evidence from Police Discipline Hearing
Evidence of Chief Superintendent Grodzinski. July 16, 2008
Evidence of Chief Superintendent Grodzinski. July 17, 2008
Evidence of Commissioner Fantino. October 17, 2008
Evidence of Susan Cole. July 17, 2008
Hansard Transcripts (Questions put to the Attorney General for Ontario)
Decisions
Divisional Court dismisses Commissioner Fantino’s Application for Judicial Review. March 10, 2009
Divisional Court’s decision on Appeal of Justice Wilson’s decision December 11, 2008
In the News
"Misconduct charges dropped." December 17, 2009
"Charges involving top cop dropped against OPP officers."
December 17, 2009
"Appeal Court orders Fantino to resume testifying at disciplinary hearing."
November 13, 2009
"Internal hearing turns ugly for Julian Fantino." January 4, 2009
"Fantino calls allegations 'hysterical nonsense'." October 18, 2008
Hill v. Hamilton Wentworth Police, [2007] 3 S.C.R. 129
This case is the seminal case on the tort of negligent investigation in Canada. The plaintiff was investigated by the police, arrested, tried, wrongfully convicted, and ultimately acquitted after spending more than 20 months in jail for a crime he did not commit. The Supreme Court of Canada found that the police are not immune from liability under the law of negligence and the tort of negligent investigation exists in Canada. Police officers owe a duty of care to suspects. Their conduct during an investigation should be measured against the standard of how a reasonable officer in like circumstances would have acted.
Decision
Odhavji Estate et al. v. Woodhouse et al., [2003] 3 S.C.R. 263
Odhavji was fatally shot by police officers. The Special Investigation Unit ("S.I.U.") began an investigation. The police officers involved in the incident did not comply with S.I.U. requests that they remain segregated, that they attend interviews on the same day as the shooting, and that they provide shift notes, on-duty clothing, and blood samples in a timely manner. The Supreme Court found that the failure of a public officer to perform a statutory duty can constitute misfeasance in a public office. Misfeasance is not limited to unlawful exercises of statutory or prerogative powers. It is an intentional tort distinguished by (1) deliberate, unlawful conduct in the exercise of public functions; and (2) awareness that the conduct is unlawful and likely to injure the plaintiff.
Decision
R. v. Williams, [1998] 1 S.C.R. 1128*
The accused, an Aboriginal, pleaded not guilty to a robbery charge and elected a trial by judge and jury. The trial judge at the first trial allowed questions to be put to potential jurors but the Crown successfully applied for a mistrial on the basis of procedural errors and the "unfortunate publicity" of the jury selection process. At the second trial, the judge who heard the accused's motion for an order permitting him to challenge jurors for cause dismissed the motion. The Supreme Court held that the prosecution and the defence are entitled to challenge potential jurors for cause on the ground of partiality.
Decision
R. v. P. (M.B.), [1994] 1 S.C.R. 555
During trial, the judge allowed the Crown to re-open its case after the defence had presented all its evidence. The Supreme Court held that this was an appropriate case in which to interfere with the trial judge's exercise of discretion to allow the Crown to re-open its case. Re-opening in this case was contrary to the interests of justice and prejudicial to the accused because it violated, indirectly, the fundamental tenet of our criminal justice system that an accused must not be conscripted against himself.
Decision
R. v. Colarusso, [1994] 1 S.C.R. 20
The Supreme Court held that where a bodily sample is seized by a party other than the police but is ultimately used against the individual in a criminal prosecution, the court must go beyond the initial non-police seizure and determine whether the actions of the police constitute a seizure by the state or make the initially valid seizure by the third party unreasonable.
Decision
Gnanasegaram v. Allianz Insurance Co. of Canada, (2005) 251 D.L.R. (4th) 340 (O.C.A)
This case dealt with an appeal from a lower court decision where the trial judge ruled that the plaintiff could only raise issues of discriminatory conduct against the plaintiff and not issues of systemic racism by the employer. The Court of Appeal held that for the purposes of pleading discriminatory conduct as a basis for a wrongful dismissal claim, there was no principled basis for distinguishing between allegations of direct discrimination aimed at the plaintiff and allegations of systemic racism, which targeted a class or group of which the plaintiff was a member. In either case, the allegation was one of discrimination against the plaintiff offered to support the wrongful dismissal claim.
Decision
R. v. Spencer, (2004) 72 O.R. (3d) 47 (C.A)
This case dealt with an appeal from a lower court decision where the trial judge took into consideration systemic racism and gender bias when sentencing the accused. The Court of Appeal held that in order to take into consideration systemic racism and gender bias in determining a sentence, there must be substantiated evidence and that it cannot be inferred by the trial judge.
R. v. Brown, (2003) 64 O.R. (3d) 161 (C.A.)*
The accused was a young black man and a professional basketball player. He was stopped by a police officer while driving an expensive motor vehicle. The officer claimed that he stopped the accused because the accused was speeding, but there was evidence that called this claim into question. The defence claimed that the accused was stopped because the police had racially profiled him. The court held that a racial profiling claim could rarely be proven by direct evidence. Accordingly, if racial profiling is to be proven, it must be done by inferences drawn from circumstantial evidence. Where the evidence shows that the circumstances relating to a detention correspond to the phenomenon of racial profiling and provide a basis for the court to infer that the police officer is lying about why he or she singled out the accused person for attention, the record is then capable of supporting a finding that the stop was based on racial profiling.
Decision
Toronto (Metropolitan) Police Force v. Bromell et al., [2000] O.J. No. 1674* [Operation True Blue]
The Toronto Police Service Association and its President commenced a fundraising campaign. Significant aspects of the campaign included collecting funds from the public to help the Association challenge politicians who did not support the Association and to help elect those who did. The Association compiled a list of people who did or did not support the campaign through financial contribution, and distributed car decals and wallet cards to those who donated. In response to the campaign, the Board passed a bylaw to regulate certain forms of fundraising by police officers, and prohibited solicitation of funds for political activities. The court found that the Board established that the campaign brought discredit upon the reputation of the Toronto Police Service. Harm of such a nature could not be compensated for in damages. The Association's right to raise funds was compensable in damages, while the public's confidence in the Toronto Police Services and the justice system was not.
Decision
R. v. Budreo, (2000) 46 O.R. (3d) 481 (C.A.)
This case dealt with an appeal from the decision of a trial judge to place certain limits on the types of places that an accused could be present at. The Court of Appeal held that certain restrictions on an accused’s liberty do not violate sections 7 and 9 of the Canadian Charter of Rights and Freedoms when they are narrowly designed to meet the objectives of Parliament.
R. v. Willis, (1994) 90 C.C.C. (3d) 350 (O.C.A)*
This case dealt with whether or not an accused had the right to canvass jury members about any potential racial bias.
Booth v. Huxter, (1994) 16 O.R. (3d) 528 (Ont. Div)
The Metropolitan Toronto Police Services Board (the "Board"), and five police officers who were present when one of their number shot and killed a citizen in the course of attempting to arrest him, were granted standing at an inquest into his death. The Board, the Chief of Police and the officers were all represented by the same counsel. The coroner found that the counsel had a disqualifying conflict of interest, as the police officers took the position that no systemic issues arose out of the circumstances surrounding the citizen’s death, while the Board was entrusted with a public interest mandate to explore, expose and ultimately respond to any systemic issues arising out of the death. The court found that the coroner had jurisdiction to remove the lawyer as counsel for the Board under the Coroners Act, R.S.O. 1980, c. 93.
Decision
Black Action Defence Committee and Urban Alliance on Race Relations v. Huxter, (1992) 11 O.R. (3d) 641 (Ont. Div.)
This case sets out the legal test public interest standing at a Coroner’s Inquest.
Decision
*Denotes Intervener Status
Notable Inquests & Inquiries
| Ashley Smith Inquest | Lester Donaldson Inquest | Robert Gentles Inquest | Aron Firman | Edmund Yu Inquest | Wayne Williams Inquest | Patrick Shand Jr. Inquest | Ricardo Wesley Inquest | Reggie Bushie Inquest | Ipperwash Inquiry | Pediatric Forensic Pathology in Ontario Inquiry |
Ashley Smith Inquest
Ashley Smith was a 19 year old who died in custody at Grand Valley Federal Institution in Kitchener, Ontario. The conditions of Ashley’s detention were deplorable and dehumanizing. Falconer Charney LLP represented the Smith Family in their lawsuit against the Canadian government and others, seeking to hold those individuals responsible for Ashley’s preventable death accountable. In March, 2011, the civil lawsuit on behalf of the family of Ashley Smith was settled. While the matter has been settled to the satisfaction of all parties, the terms of settlement reached remain confidential.
Inquest-Coroner's Court
Minister questioned on why Inquest being obstructed. October 25, 2012
CSC's Notice of Abandonment. October 26, 2012
Judicial Review Decision. Oct 24, 2012
Ruling on Sealing Order and Submissions. October 23, 2012
Notice of Application - Challenge the Scope. September 27, 2012
Notice of Application & supporting Affidavit - Adjourn Oct 4 12 motions date. September 27, 2012
Divisional Court's Judgment. May 19, 2011
CSC Submissions. May 16, 2011
Justice Lederer's Decision. April 27, 2011
Factum of the Smith Family and PACY. April 15, 2011
Motion to Quash of CSC. April 13, 2011
Summons to Witness. April 7, 2011
Notice of Application to appeal Coroner's Ruling. Issued March 31, 2011
CBC Interview with Kim Pate, CAEFS. March 29, 2011
Coroner's Ruling on Joliette videos. Mach 28, 2011
Smith Family Factum. March 3, 2011
Affidavit of Kim Pate- CAEFS. February 28, 2011
Coroner rules to expand scope of Inquest
Smith Family's written submissions on Motion to Expand the Scope of the Inquest (October 15, 2010)
Smith Family's Notice of Motion to Expand the Scope of the Inquest (May 19, 2010)
Related Reports
Report of Dr. Beaudry concerning forced injections at Joliette
A Preventable Death: Correctional Investigator of Canada
Office of Correctional Investigator- Initial Assessment
Office of Correctional Investigator- Second Assessment
Office of Correctional Investigator- Third Assessment
Office of Correctional Investigator- Final Assessment
Ombudsman's Report- The Ashley Smith Report
Video Clips- Coroner's Exhibits
Videos
Transfer from Regional Pyschiatric Centre, Saskaton, to L'Institut Philippe-Pinel, Montreal. April 12, 2007
Joliette Videos
July 22 Videos | 1 | 2 | 3 | 4 |
July 26 Video | 1 |
In the News
"Ashley Smith: RCMP pilot defends duct taping teen on plane." April 18, 2013
"Ashley Smith inquest: 'They trussed her up like an animal' but RCMP pilot defends teens duct taping." April 18, 2013
"Ashley Smith inquest: Ex-investigator slams ‘culture of intimidation’ at Saskatoon prison." April 17, 2013
"‘I’ll duct-tape your face’ RCMP pilot to testify at Ashley Smith inquest." April 18, 2013
"Psychologist: Ashley Smith's mother wouldn't discuss girl's parentage." April 15, 2013
"Questions resurface about Ashley Smith’s birth mother." April 15, 2013
"Fresh-faced’ Ashley Smith choked herself because it ‘felt good,’ inquest told." April 15, 2013
"Textbook case of antisocial personality disorder, but Ashley Smith not unique." April 9, 2013
"Ashley Smith's psychologist says his advice was ignored." March 7, 2013
"Ashley Smith one of about 40 similar inmates in system, says psychologist." March 6, 2013
"Ashley Smith's ex-psychologist tells inquest he felt ‘undermined’ by decision to transfer her to Saskatoon." March 5, 2013
"Ashley Smith could have been treated with more time: psychologist." March 4, 2013
"N.S. warden says he miscalculated Ashley Smith." February 25, 2013
"'I thought she was going to kill herself,' ex-warden tells Smith inquest." February 25, 2013
"10 guards on hand to put Ashley Smith into restraint chair." February 26, 2013
"Ashley Smith worsened after witnessing prison hostage-taking: former warden." February 26, 2103
‘My skin is all loose,’ Ashley Smith told mother in final visit." February 21, 2013
"Ashley Smith's mother sees no accountability for daughter's death." February 21, 2013
"Ashley Smith’s mother wants Correctional Service head to testify at inquest." February 21, 2013
"Ashley Smith’s mom testifies at prison death inquest." February 20, 2013
"Ashley Smith's mother testifies at prison death inquiry." February 20, 2013
"Ashley Smith’s mother Coralee to testify at inquest." February 20, 2013
"Ashley Smith's mother to testify at inquest today." February 20, 2013
"Federal prison system treated Ashley Smith as if she was a monster." February 19, 2013
"Guards' testimony sheds a better light on Ashley Smith - and themselves." February 15, 2013
"Ashley Smith inquest: Guard felt ‘brainwashed’ about order to
stay out of teen’s cell." February 13, 2103
"Ashley Smith inquest Officers’ actions puzzled outsider." February 11, 2013
"OpEd: Ashley's guard gets some redemption." January 30, 2013
"Ashley Smith ‘wasn’t a mean person,’ former guard testifies." January 29, 2013
"Guard paid hush money, avoided axe, Ashley Smith inquest told." January 29, 2013
"Prison bureaucracy added to nightmare faced by Ashley Smith." January 29, 2013
"Guard resigned after charges dropped in Ashley Smith's death." January 28, 2013
"Guard at first praised for saving Ashley Smith, inquest hears." January 28, 2013
"Guard allowed to resign after charges dropped in Ashley Smith’s choking death." January 28, 2013
"Emergency knives blunted from cutting ligatures from Ashley Smith's neck, inquest told." January 24, 2013
"Ashley Smith was nervous about contact with other inmates, inquest told." January 24, 2013
"Guard rebuked for trying to stop Ashley Smith from choking." January 23, 2013
"Ashley Smith inquest: Teen sent away for a cavity search, inquest hears." January 23, 2013
"Before Smith’s death, guards had always intervened ombudsman." January 22, 2013
"Ashley Smith: Guards watched as teen prisoner gasped for air." January 23, 2013
"Neophyte prison worker learned fast in Ashley Smith case." January 22, 2013
"Ashley Smith guard describes teen's frequent self-choking." January 22, 2013
"Lawyer wonders if sleep deprivation was part of Ashley Smith's punishment." January 21, 2013
"Guards confused, conflicted by orders to ignore Ashley Smith." January 21, 2013
"Ashley Smith case: Federal Justice department refuses to divulge how it spent $3.6 million fighting abuse revelations." January 18, 2013
"Warden explains to Ashley Smith inquest workings of women's prisons." January 17, 2013
"Blatchford Guards couldn't search Ashley Smith." January 16, 2013
"Ashley Smith inquest finally underway a decade after teen’s fatal incarceration." January 15, 2013
"How could the tragic Ashley Smith case happen in Canada." January 15, 2013
"Lawyer hopes 2nd inquiry into Ashley Smith death finally answers some questions." January 14, 2013
"Ashley Smith coroner calls inquest a 'memorial' to teen." January 14, 2013
"Ashley Smith inquest legal fees have cost Ottawa $3.6 million at a minimum." January 13, 2013
"Ashley Smith coroner's jury to visit prison where teen died." January 13, 2013
"Prison Probes Allegations Guard Traded 'Sex For Drugs.'" November 19, 2012
"Coroner rejects bid to narrow scope of Ashley Smith inquest." November 13, 2012
"Coroner nixes narrow scope for Ashley Smith inquest." November 13, 2012
"Harmony erupts at probe into teen's prison death; inquest appears on track." November 13, 2012
Rae calls for public inquiry into Ashley Smith’s prison death." November 8, 2012
"Christie Blatchford Ashley Smith’s prison guards in shroud of misdirection and fear." November 8, 2012
"Toews Clarifies Comments on Ashley Smith Case." November 7, 2012
"The Commons Vic Toews again imparts his judgment." November 6, 2012
"Ashley case no surprise in PM’s Canada." November 6, 2012
"Vic Toews denounced over Ashley Smith comments." November 6, 2012
"Public safety minister suggests Ashley Smith not a victim." November 6, 2012
"Ashley Smith: No evidence of wrongdoing in case, Quebec police say." November 2, 2012
"Corrections actions in Ashley Smith case ‘unacceptable,’ Stephen Harper says." November 1, 2012
"CBCNews.ca readers weigh in on Ashley Smith videos." November 1, 2012
"Christie Blatchford Videos show Ashley Smith was tough, but just not tough enough." November 1, 2012
"Stephen Harper says he won’t intervene in Ashley Smith inquest." November 1, 2012
"Troubling videos show Ashley Smith tranquilized against her will." October 31, 2012
"Shocking Ashley Smith video revealed." November 1, 2012
"Ashley Smith: What they did to that girl is indefensible." November 1, 2012
"‘I’ll duct-tape your face,’ Ashley Smith threatened." November 1, 2012
"Videos show 'dehumanizing' treatment of teen Ashley Smith." October 31, 2012
"Ashley Smith inquest sees troubling video." October 31, 2012
"Ashley Smith videos highlight struggle of mentally ill in prison, lawyer says." November 1, 2012
"Ashley Smith: Prison lawyers argue only teen’s last week of life should be examined." October 31, 2012
"Ashley Smith videos showing abuses to be shown at inquest." October 31, 2012
"Inquest into Ashley Smith prison death set to resume." October 31, 2012
"Ontario coroner can’t probe federal prisons, inquest into teen’s death told." October 31, 2012
"Troubling videos show Ashley Smith tranquilized against her will." October 31, 2012
"'I'll duct tape your face,' Ashley Smith warned; inquest sees troubling video." October 31, 2012
"Feds give up trying to block jailhouse video from teen's prison death inquest." October 26, 2012
"Videos in Ashley Smith case will not be blocked." October 25, 2012
"‘I insist on CSC being called an abuser!,’ inquest lawyer rails at attempt to ban Ashley Smith video." October 24, 2012
"Inquest will see graphic prison video." October 25, 2012
"Ashley Smith inquest allowed to proceed, judge decrees." October 25, 2012
"Ashley Smith inquest expected to resume Oct. 31 after stay nixed." October 25, 2012
"Judge rejects government request to stay Ashley Smith inquest." October 24, 2012
"Ashley Smith videos to be shown in court." October 24, 2012
"Judge trying to understand Ashley Smith cell death inquest situation." October 24, 2012
"Ashley Smith cell death inquest hits brick wall." October 24, 2012
"Ashley Smith inquest: Coroner calls Corrections’ bluff and presses on with showing video." October 24, 2012
"Ashley Smith: Prison videos to be shown in court." October 23, 2012
"Blatchford: Coroner refuses further delay in inquest of mentally ill teen’s prison death." October 23, 2012
"Feds take Ashley Smith 'death video' ruling to court." October 23 2012
"Ashley Smith 'death video' can be viewed by public." October 23, 2012
"Ashley Smith 'death video' can be made public, inquest rules." October 23, 2012
"Feds take 'death video' ruling to court; Ashley Smith cell-death probe faces delay." October 23, 2012
"Probe into teen's cell death resumes." October 23, 2012
"Ashley Smith inquest resumes amid legal battles." October 23, 2012
"Lawyer alleges 'state cover-up' at probe into teen's prison cell death." October 15, 2012
"Prison service wants Ashley Smith videos kept secret." October 15, 2012
"Ashley Smith family lawyer alleges 'coverup' of videos." October 15, 2012
"Lawyer blasts challenge to teen's jail-death inquest as 'unseemly'". September 28, 2012
"Prison doctors challenge scope of Ashley Smith inquest". September 27, 2012
"Doctors fight scope of inquest into Ontario prison death of teenager Ashley Smith". September 27, 2012
"Doctors fight scope of inquest into Ontario prison death of teenager Ashley Smith". September 27, 2012
"Doctors fight scope of inquest into Ashley Smith’s death". September 27, 2012
"Time to have judges preside over inquests." August 22, 2011
"Smith family's lawyer protests coroner switch." July 22, 2011
"Coroner swap could imperil Ashley Smith inquest." July 21, 2011
"Ashley Smith's family questions coroner's removal." July 20, 2011
"Ashley Smith case prompts soul searching over value of coroner's inquests." July 9, 2011
Coroner at Ashley Smith inquiry abruptly replaced. June 29, 2011
Christie Blatchford: New coroner in charge of Ashley Smith inquiry is also, tellingly, a lawyer. June 29, 2011
Ashley Smith coroner calls it a career. June 29, 2011
New coroner appointed to Ashley Smith inquest. June 29, 2011
No place for secrecy in teen suicide inquests. June 22, 2011
Ashley Smith inquest may be webcast. June 15, 2011
Fifth Estate wins award for Ashley Smith docs. June 14, 2011
Ashley Smith inquest could be broadcast on web. June 14, 2011
Coroner in Ashley Smith inquest faces barrage of criticism. May 28, 2011
Why so secretive? Ashley Smith inquest becoming a bad joke. May 27, 2011
Ashley Smith inquest abruptly adjourned in cloud of secrecy. May 26, 2011
Coroner misread law in excluding prison videos from Ashley Smith inquest, Court rules. May 19, 2011
Coroner ordered to reconsider excluding graphic videos in Ashley Smith inquest. May 19, 2011
Court overturns coroner ruling at Ashley Smith inquest. May 19, 2011
Allegations of ambush at start of Ashley Smith prison death inquest. May 16, 2011
Black out Ashley Smith evidence: prison service. May 16, 2011
Ashley Smith family settles $11M suit. May 4, 2011
Exclusive: Ashley Smith’s family settles wrongful death lawsuit. May 4, 2011
Judge says no to release of Ashley Smith prison tapes. April 27, 2011
Bid to see N.B. teen's prison treatment quashed. April 27, 2011
Judge weighs release of Ashley Smith prison videos. April 18, 2011
Judge ponders whether to release Ashley Smith videos. April 18, 2011
Prison chief fights release of Ashley Smith video. April 15, 2011
Why is coroner's office ignoring crucial evidence in teen's suicide? March 31, 2011
Court challenge could derail start of Ashley Smith inquest. March 30, 2011
Ashley Smith’s family challenges coroner’s ruling. March 29, 2011
Ashley Smith's family wants drugging tapes shown. March 29, 2011
Press Advisory of Falconer Charney LLP. March 29, 2011
Coroner rejects Ashley Smith drugging tapes. March 28, 2011
Coroner rejects bid for inquest to see Ashley Smith prison tapes. March 28, 2011
Coroner excludes Smith drugging video for inquest. March 28, 2011
Quebec prison video not relevant to inquest into Ashley Smith. March 16, 2011
All evidence must be presented. March 3, 2011
Coroner could seek video for Ont. inmate death inquest. March 2, 2011
Ashley Smith jury should see blunt video. March 1, 2011
Prison videos excluded from Ashley Smith death probe. March 1, 2011
Ashley Smith's family says coroner's office refusing to seek key evidence. February 28, 2011
Ashley Smith jurors barred from stark video. February 28, 2011
"Ashley Smith inquest set to start in April, could last until 2012." January 11, 2011
"Coroner's inquest into woman's death in Ontario prison set for April 4." January 11, 2011
"Ashley Smith inquest delayed until April." January 11, 2011
"Kudos to Ashley's Lawyers." November 22, 2010
"Ashley Smith- Right Move on Inquest." November 15, 2010
"Ashley Smith Inquest broadened." November 12, 2010
"Ashley Smith's requests for help ignored." November 12, 2010
"Coroner plans detailed inquiry into Ashley Smith's death." November 11, 2010
"Girl's death shows problems in Corrections." November 8, 2010
"Family of Ashley Smith requests criminal probe." November 3, 2010
"Ashley Smith's family wants RCMP probe." November 2, 2010
"Ashley tortured-lawyer." November 2, 2010
"Family calls for RCMP to probe Ashley Smith prison death." November 2, 2010
"Prison death probe set to expand beyond Ashley Smith's case." November 2, 2010
"Ashley Smith family demands criminal probe." November 2, 2010
"Ashley Smith's treatment was `barbaric,' lawyer says." November 2, 2010
"Ashley Smith's sedations in custody unwarranted - report." November 1, 2010
"Correctional service 'suffers from corruption,' Ashley Smith hearing told." November 1, 2010
"Lawyers argue for broader scope in Ashley Smith death Inquest." November 1, 2010
"Ashley Smith's death was an accident, not suicide, report says." October 29, 2010
"Corrections’ officials withholding dead inmate’s records- lawyer."
July 24, 2010
"To Ashley Smith As Promised." May 16, 2010
"Dead N.B. teen’s family calls for broader Inquest." January 10, 2010
"Ashley Smith’s family sues over death in prison." October 8, 2009
"Parents sue over daughter’s jail death." October 8, 2009
"Ashley’s death needless, Coralee Smith says." March 4, 2010
"Fifth Estate Episode: Behind the Wall." November 12, 2010
"Fifth Estate Episode: Out of Control" January 8, 2010
Inquest into the death of Lester Donaldson
[Counsel for Urban Alliance on Race Relations]
Inquest into the death of Robert Gentles
[Counsel for the family]
Carmetta Gentles & Julian Falconer following Court appearance
Inquest into the death of Aron Firman
Mr. Aron Firman, a 27 year old man who suffered from mental illness, died after an interaction with Ontario Provincial Police officers on June 24, 2010, in Collingwood, Ontario. According to the SIU’s release, Dr. Michael Pollanen, Ontario’s Chief Forensic Pathologist, conducted a post-mortem report on June 26, 2010, indicating that Mr. Firman died from “cardiac arrhythmia precipitated by electronic control device deployment in an agitated man.” SIU Director Ian Scott did not lay charges against the officers involved in this case, but did state that he was “of the opinion that the Taser’s deployment was not excessive, notwithstanding the fact that it caused Mr. Firman’s demise.”
On May 22, 2012, Dr. Dirk Huyer, Regional Supervising Coroner for Central Region, Guelph Office, announced that an Inquest would be held in regards to the death of Aron Firman. Evidence at the Inquest into the death of Aron Firman began on April 29, 2013, in Barrie, Ontario, and is scheduled to continue on various dates over the next few months.
News Release- Inquest Into The Death Of Aron James Firman Announced. May 22, 2012
SIU News Release. December 6, 2010
In the News
"Psychiatrist surprised by Firman’s behaviour." May 11, 2013
"Firman a 'gentle' individual: doctor." May 10, 2013
"Taser death inquest needs focus, lawyer says." May 8, 2013
"Witnesses recount Firman's final moments." May 2, 2103
"Cop feared “erratic” schizophrenic, inquest told." May 1, 2013
"Tasers a weapon of necessity, not convenience, inquest told." April 30, 2013
"Collingwood man died after being Tasered three years ago." April 15, 2013
"Tasers a weapon of necessity, not convenience, inquest hears." April 29, 2013
"Firman family lawyers argue for adjournment." April 16, 2013
"The taser killed Aron Firman. More than just another Canadian taser death." February 14, 2011
Inquest into the death of Edmund Yu
[Counsel for the family]
Inquest into the death of Wayne Williams
[Counsel for the family]
Inquest into the death of Patrick Shand Jr.
[Counsel for the Family]
Inquest into the death of Ricardo Wesley
[Counsel for the Family]
Jury Verdict and Recommendations
Inquest into the death of Reggie Bushie
[Counsel for the Nishnawbe Aski Nation]
Ipperwash Inquiry
[Counsel for the Aboriginal Legal Services of Toronto]
Final report of the Ipperwash Inquiry-
http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/
index.html
Inquiry into the Pediatric Forensic Pathology in Ontario
[Counsel for the Nishnawbe Aski Nation and Aboriginal Legal Services of Toronto]
Final Report of the Inquiry into the Pediatric Forensic Pathology in Ontario
Featured Videos
