Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J u l y 2 0 1 4 9 Barreau lookiNg for power to limit practice of thoSe accuSed of crimiNal offeNceS I n the wake of the Charbonneau Commission's investiga- tion of corruption in government construction contracts, spectacular arrests were made by the UPAC, the anti- corruption squad, targeting lawyers and other professionals who, much to the public's alarm, nevertheless continued prac- tising. The Barreau du Quebec has now asked the government that the reform include a new legislative tool allowing the immediate temporary suspension, or limitation of practice, of a professional when he or she is accused of a criminal offence linked to his or her professional practice and which would be punishable by a sentence of over five years. This suspension, or limitation of practice, would be imposed before a disciplinary complaint is filed. "Of course the audi alteram partem principle would apply," said bâtonnière Johanne Brodeur. The process would allow the accused to be heard before the suspension. It would be akin to an interlocutory injunction, she added. Giuseppe Battista, of Montreal criminal law firm Shadley Battista Costom LLP, has a few reservations. "In order to respect the presumption of innocence principle, the legislation will have to clearly define the conditions leading to the suspension of the right to practice," he told Canadian Lawyer. "For sure, the profes- sional orders have a duty to protect the public and there can be situations where allegations that criminal acts have been commit- ted are sufficiently serious and contain enough elements to estab- lish that the protection of the public is threatened, thus justifying disciplinary measures be taken notwithstanding the presumption of innocence, but such situations must have clear guidelines." It is important the disciplinary council has the discretion to give the professional the opportunity to present a defence. The sanction must not be automatic because there is an accusation for an act linked to the accused's practice, punishable by a five-year sentence, says Battista. It must be clear the accused can fight the suspension in a contradictory debate, he added. Battista also points out the professional's testimony in the disciplinary hearing not be used against him or her in future criminal proceedings. — Pe The leading authority on the law of damages for nearly 150 years New Edition McGregor on Damages, 19th Edition Harvey McGregor, Q.C. Common Law Library McGregor provides comprehensive coverage of the law. This new edition includes in-depth analysis of recent case law across all areas of the work. • Covers general principles as well as a wide range of particular claims under contract, tort and human rights • Explains how general principles apply in particular situations through detailed analysis of case law • Features in-depth examination of recent decisions • Clarifies complex areas such as loss of a chance, mitigation, causation, and exemplary damages • Considers current issues, including periodical payments and interest on damages Order # L15576-E19-65203 £435 GBP Jurisdiction: United Kingdom, Commonwealth Hardcover July 2014 Sweet & Maxwell Shipping and handling are extra. Price(s) subject to change without notice due to currency fluctuations and subject to applicable taxes. 00221CX-A44906 To place your order Call toll-free: 1-800-387-5164 In Toronto: 416-609-3800 Fax toll-free: 1-877-750-9041 In Toronto: 416-298-5193 Email: carswell.international@thomsonreuters.com

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