Canadian Lawyer

March 2011

The most widely read magazine for Canadian lawyers

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EDITOR'S DESK BY GAIL J. COHEN The only way for real answers often doesn't result in either action or improvements, because it ends up ignored by politicians or the organization it is aimed at. Names are rarely named and fault even more infrequently apportioned. Reports and recommendations sit on the shelf collecting dust, generally wasting the taxpayers' outlay and not giving much satisfaction to anyone. Although, they do provide interesting work for lawyers. But, and I say this reluctantly, the questions surrounding the police actions I during last summer's G20 summit in Toronto need to be answered and the current mishmash of reports, investigations, and internal probes will not properly shed light on what Ontario ombudsman André Marin, in his report on the so-called fence law, called "The most massive compromise of civil liberties in Canadian history." The RCMP, Toronto police, the Ontario government, Ontario's Special Investigations Unit, the new Office of the Independent Police Review Director, the Security Intelligence Review Committee, and probably more groups as well as a variety of court cases both criminal and civil, in the form of individual and class action lawsuits, are all vying to answer the myriad questions surrounding who was responsible for what in terms of G20 security and policing. But, as most of the lawyers in our cover story "Mass disorder" point out, individually none of them will be able to do the job properly. Each may answer one portion of the puzzle but none will be able to bring all the pieces together. Already it has come to light that police officers removed their badges during the summit weekend and a few are being investigated and charged after photos and videos of them were sent to local newspapers. Marin's report called the fence law "illegal" and "unconstitutional" and its resulting infringement on freedom of expression "unjustifiable in a free and democratic society." In the face of all this, it can't be denied that the best use of taxpayer money is not settling lawsuits, as human rights lawyer Clayton Ruby asserts the government will do, or looking at issues through a narrow lens. A federal-provincial public inquiry is needed to look at the big picture and all of the players involved in the security proceedings on that fateful G20 weekend last June. — gail.cohen@thomsonreuters.com Group Publisher: Karen Lorimer Editorial Director: Gail J. Cohen Staff Writer: Robert Todd Copy Editor: Heather Gardiner Art Director: Bill Hunter Account Co-ordinator: Catherine Giles Contributors: Jean Sorensen, donalee Moulton, Diane Cook, Kathryn Leger, Michael McKiernan, Andi Balla Canadian Lawyer is published 11 times a year by Thomson Reuters Canada Ltd., 240 Edward St., Aurora, Ont. L4G 3S9 (905) 841-6480 Fax: (905) 727-0017. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information pre- sented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. 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Outside Canada 1 year print & digital US$94.50, 1 year digital only US$40. Student rate 1 year print and digital $36 plus HST, 1 year digital only $20 plus HST. For all circulation inquiries and address changes send a copy of your mailing label or labels along with your request in writing to Canadian Lawyer , 240 Edward Street, Aurora, ON, L4G 3S9 Making Rain Executive coach Debra Forman's video column on career and business development. March 28 www.CANADIAN Lawyermag.com M A RCH 2011 3 Arguably the Best Winnipeg's Dave Hill takes on trial practice, decisions on examination in chief, and more in the third segment of our litigation skills series. March 28 am not a fan of the public inquiry. Misplaced, in my opinion, is the ever- growing enthusiasm for aggrieved or unsatisfied parties to sound the clarion call for the expenditure of public funds to eventually provide a report that THIS MONTH EXCLUSIVELY ON CANADIAN Lawye rmag.com Trials & Tribulations Margaret Waddell ruminates on issues of import and interest to litigators. March 14 Human Rights . . . Here & Th ere University of Ottawa law school's Sonya Nigam's column on human rights and international law. March 14 Defi nitely Mabey Stephen Mabey examines the thorny issues facing law fi rm management. March 21 Th e IT Girl Sarah Dale-Harris takes a wry look at the intersection of technology and the law. March 21 ver Law Library Reviews of books — and more – of a legal nature from Damian Penny. March 21 Th e Immigration Line Jennifer Nees lets us know what's on the minds of the immigration bar. March 28

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