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REGIONAL WRAP-UP Continued from page 7 had appealed. Since then, the airlines have brought forward the CTA- ordered policy of accommodation but with the proviso that a letter from a doctor be given. "I am sure that my doctor will write me a letter," says McKay-Panos, who sees a specialist, but she is not confident all doctors will comply as the CMA has balked at this. CMA President Robert Ouellet on Jan. 9 said "the question of whether or not someone can fit into a specific seat on a specific plane is not a medical decision" and that the airlines should not "pass the buck" to doctors to make a decision. He said the CMA would be asking the airlines to "revisit" the ruling. At the root of the decision is the increasing time doctors are spending writing "third-party forms" and making decisions related to various government policies. — JS Judge to take advice from native sentencing circle T he fate of a man who pleaded guilty to criminal negligence in the death of his two young daughters could be partly determined by a sentencing circle. Christopher Charles Pauchay, a mem- ber of the Yellow Quill First Nation, will face a cross-section of people from his northern Saskatchewan community at a time to be determined by Judge Barry Morgan. Pauchay, 25, was intoxicated in January 2008 when he took his two daughters, Kaydance, 3, and Santana, 16 months, outside in the middle of the night dressed in diapers and light T-shirts despite blizzard-like conditions and wind chills of -50 C. He was found shivering and frost-bitten in the early hours of the morning and the frozen bodies of the two toddlers were found later that same day. Conducting Administrative, Oversight & Ombudsman Investigations Gareth Jones THE PRAIRIES The recommendation from the sen- tencing circle, which could range from jail time to a conditional sentence, is not binding but the judge can take it into consideration when making a ruling, says Dave Andrews, a lawyer and legal director at Regina Rural Legal Aid. Sentencing circles have their roots in the aboriginal community but their use isn't limited to First Nations people, says Andrews. They usually begin with a tra- ditional ceremony overseen by an elder. Then the participants put their chairs in a circle and talk about the accused. Some dress them down, others empathize with their problems, says Andrews. For a sen- tencing circle to be possible, the accused must have accepted responsibility for the crime. "The last thing they want in the circle is somebody coming in and denying some of the facts. They have to be willing to take responsibility. They can't be argu- ing some sort of defence," he says. Many of the people in sentencing André Marin, Ombudsman of Ontario The secrets to investigative success This is a ground breaking, hands-on guide to conducting investigations of any kind, including regulatory, compliance, workplace, human rights, health and safety, police and military oversight, insurance and Ombudsman investigations. This book sets out the eight principles that underlie effective and credible investigations, discusses common problems that may arise and how to avoid them. You'll learn proven approaches to planning and executing systemic investigations and be provided a benchmark to assess the quality of investigations done by others. Perfectbound • Approx. $85 • April 2009 Approx. 390 pp. • P/C 0966010000 • ISBN 978-0-88804-488-4 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. 8 M ARCH 2009 www. C ANADIAN Law ye rmag.com JONES_Administrative Oversight (CL 1-3sq).indd 1 2/18/09 3:41:48 PM CL0309 circles have been in the courts for years. Jail hasn't been a sufficient deterrent, it has only made them worse criminals, he says. That isn't to say they're dangerous or bad people, however. "Most of them have drug or alcohol problems and they were raised in terrible circumstances. They've gotten into fights or they've stolen some- thing, they're people who have gotten into a rut. Is there something [their com- munity] can do to get them out of the violence and alcohol cycle?" he says. Andrews says if a person is likely to receive a penitentiary sentence, which is more than two years, a request for a sentencing circle is usually refused. — GEOFF KIRBYSON gmkirbyson@shaw.ca "This book is the real thing: a precise, well- credibility… Gareth deftly gusto and strategies compelling way to present them than how it is expertly and approaches based on his experiences. I cannot think of a more done here." documented guide that will give investigations both guides readers through complex scenarios, suggesting convincing and