Canadian Lawyer

August 2010

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of their passions over the years, and mark 50 years of marriage this fall. Those who knew them, either neighbours or former colleagues and friends in the judiciary, could only point to the exceptional devo- tion Delisle showed toward his wife after her health crises of the past few years. "We were very upset and are very moved by this very sad situation," said one judge who knew the couple well. "I don't think he would do anything which she would not want or to harm her." As a judge, Delisle was con- sidered conscientious, meticulous, hard-working, and very knowl- edgeable. He was appointed to the Quebec Superior Court in 1983 and then sat on the Quebec Court of Appeal for 15 years until his retirement last year. The Quebec agency charged Grenier, a Montreal firm specializ- ing in criminal defence. The Crown also has the burden of explaining its assertion that Delisle had "exclusive opportunity" to kill his wife. Depending on instructions from the still-unnamed Superior Court judge who will hear the case against Delisle, the jury can decide on pre- meditated murder, which carries a sentence of life in prison with no chance of parole before 25 years; second-degree murder, which also results in life in prison but there can be a chance of parole after 10 years if decided by a judge; or man- slaughter. Assisted suicide is a separate charge and there is no provision for compas- sion killing in the Criminal Code. Retired Quebec Court of Appeal judge Jacques Delisle, shown here in 2004, is the first judge in Canada accused of murder. with proceedings involving the Criminal Code is exercising caution to avoid any question about its judging of the former judge. Quebec's direc- tor of criminal and penal prosecutions spokeswoman Martine Bérubé said the province took extra precautions to deal with the sensitive case by presenting its evidence in an in camera meeting with a judge before the arrest warrant. "We have made sure that the two Crown lawyers assigned to the case — Charles Levasseur and Lyne Morais — do not know judge Delisle and have never pleaded before him so they are completely free to lead the file," said Bérubé. As well, at the beginning of the bail hearing, Justice Claude C. Gagnon declared he had no dealings with Delisle and had never crossed paths with him at any social function. "The first question is whether the Crown can establish beyond all reason- able doubt that it was not her that com- mitted suicide and that it was him that did the act," said Bernard Grenier, who presided over criminal cases at the Court of Quebec for 22 years before becom- ing counsel with Schurman Longo & LBFranchise_CL_Aug.indd 1 — KATHRYN LEGER kathryn.leger@videotron.ca Franchise Legislation in Canada Fran Filled with valuable commentary, annotations and cases, this resource takes a comprehensive look at franchising from a national perspective. Filled w resour nationa This lo the • This looseleaf publication contains: • • the full-text of all provincial franchise legislation tab leg an tables of concordance to help interpret existing franchise legislation in Alberta, Manitoba, New Brunswick, Ontario and P.E.I. co concordances which contrast Canadian and U.S. franchise legislation • annotations updated to 2010 with case law and commentary including: • ORDER your copy today Looseleaf & binder June 2010 • $145 Releases invoiced separately (1/yr) P/C 099303000 I ISSN 1923-2128 SSN 1923-21 • relevant court decisions from across Canada, as well as extensive U.S., U.K. and Australian case law on the topic of fair dealing invaluable expert commentary identifying problem areas, such as those introduced by the recent Ontario Court of Appeal decision in For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. CL0810 Prices subject to change without notice, to applicable taxes and shipping & handling. www. C ANADIAN Law ye rmag.com A UGUST 2010 9 7/13/10 2:54:41 PM © LE SOLEIL Pe P e t e r D i l l o n 6 Canada Inc. v. Dollar It Ltd. 7 9 2 3 4 1

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