Canadian Lawyer InHouse

August/September 2021

Legal news and trends for Canadian in-house counsel and c-suite executives

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www.canadianlawyermag.com/inhouse 33 as the Justice of the Peace Review Counsel, the Royal College of Dental Surgeons, the Ontario College of Pharmacists and the Law Society of Ontario. Other notable, recent clients include former Ontario attorney general Michael Bryant, Vice Admiral Mark Norman, former CBC radio personality Jian Ghomeshi and Andrew Stronach. The firm is frequently consulted by in-house counsel to advise on internal corporate matters and works with other firms on complex cases, including internal investiga- tions. The firm also advises large corporations, government entities, sports organizations and professional firms on domestic and foreign corruption issues, FINTRAC compliance, OSC matters and a range of other regulatory compliance questions and strategic issues. Lockyer Campbell Posner Toronto | lcp-law.com The firm was founded in 2005 and practises a wide range of criminal law, from defence of the wrongly convicted to driving, drug, tax and homicide cases. Richard Posner told Canadian Lawyer that one of the most significant cases the firm handled last year was between Her Majesty the Queen and Hamad Anwar and Tiffany Harvey. The London, Ont. couple was charged with prostitution-related offences for allegedly running an escort agency. Acting for the couple, James Lockyer brought a constitu- tional challenge to the Criminal Code sections under which the two were charged. This February, Justice Thomas McKay of the Ontario Court of Justice found the laws against procuring, advertising and materially benefiting from someone else's sexual services were unconstitutional. Although the decision is not binding and does not result in a striking down of the legislation, Posner says the ruling is already making waves. "It provides a very significant precedent that is, as I understand it, being used by many lawyers across the country." "I'm a fairly new call, and as legal director, the benefit of being able to work with these legendary figures of the criminal law bar is just phenomenal." Bhavan Sodhi, Innocence Canada (a client of Lockyer Campbell Posner) Peck and Company Vancouver | peckandcompany.ca The last time Canadian Lawyer published its Top Criminal Boutiques list, the historic Supreme Court of Canada decision in R. v. Jordan was on every legal mind, which set a new standard for what constituted an unreasonable trial delay. Peck and Company's Eric Gottardi, QC and Tony Paisana acted for the appellant Barrett Richard Jordan back in 2016. This year, the firm is involved in another headline-hogging litigation: acting as counsel for Huawei CFO Meng Wanzhou. Since a U.S. court issued an arrest warrant and Wanzhou was arrested in Vancouver, the extradition process has set off diplomatic tensions between Canada and China, which have resulted in import suspensions and the resigna- tion of the Canadian ambassador to China. "It's been a full-time job. Not only for [Richard Peck] and I but for a lot of the firm. It's a massive amount of work coordinating schedules between lawyers in Canada and the United States and China and the U.K.," Gottardi says. It's "a Herculean effort to be the mouse — Canada's the little mouse — in between the U.S. and China, two huge superpowers who are fighting over this brave woman, who's, unfortunately, a bargaining chip in the middle." Ruby Shiller Enenajor DiGiuseppe, Barristers Toronto | rubyshiller.com Ruby Shiller Enenajor DiGiuseppe is committed to uncompromising advocacy. The firm says its work is driven by a passion for justice and accountability, particularly when the state abuses its authority. The firm was founded in 2009 by Clayton Ruby and civil litigator Brian Shiller. Clayton Ruby is a veteran criminal defence and civil rights lawyer who argued many of Canada's leading criminal and Charter cases. Over the last few years, the firm has added several prominent lawyers to the roster. In 2017, Annamaria Enenajor, a clerk to Chief Justice Richard Wagner of the Supreme Court of Canada, joined the partnership. Enenajor was followed in 2019 by seasoned criminal defence lawyer Stephanie DiGiuseppe. The firm's primary focus is representing individuals charged with criminal offences, including homicide, sexual offences, drug offences, and fraud. Its lawyers, however, are also experienced in quasi-criminal matters such as animal rights litigation, the regulation of health professionals, academic discipline, and provincial offences. The firm's partners are also committed to advocacy beyond the courtroom, particularly when advancing the interests of racialized and marginalized Canadians. In 2018, Enenajor and DiGiuseppe launched the Campaign for Cannabis Amnesty, which compelled the Canadian government to pass legislation expediting pardons for individuals with criminal records for simple cannabis possession. This offence is no longer illegal. The enforcement of cannabis prohibition laws disproportionally impacted racialized Canadians. "We have a lot of vulnerable clients that are from marginalized backgrounds," says Enenajor. "When we litigate cases, we don't only seek to resolve a problem favourably for our clients. We also strive to push the law to be more progres- sive, compassionate and humane."

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