Canadian Lawyer

July 2008

The most widely read magazine for Canadian lawyers

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opinion poor to lawyers, but to get the lawyers to see the poor." Christie was not just a quixotic ad- venturer, given to eccentric gestures and partial to bad poetry. He represented the down-and-out for many years, while living in a basement apartment on an annual income of less than $30,000. He fought against imposition by the B.C. government of a seven-per-cent tax on legal services on the grounds that it dis- criminated against poor people and was unconstitutional. He won that case be- fore a chambers judge and then in the B.C. Court of Appeal, but, after he died, the Supreme Court ruled against him. Said the court: "General access to legal services is also not a currently recog- nized aspect of, or a precondition to, the rule of law." Most importantly, Christie founded the Western Canada Society to Access Justice, which organizes the de- livery of pro bono legal services. This ad- mirable organization now operates over 60 clinics across British Columbia. Not everyone who walks the walk is as eccentric and flamboyant. Recently, at Montreal's Blue Metropolis Literary Fes- tival, I debated the distinguished lawyer Richard Pound, about the ethics and so- cial commitment of the legal profession. It was high-spirited and good-natured. Last year, Pound published a book called Unlucky to the End, about Janise Gamble, who was implicated in the 1976 murder of a policeman by her psychopathic and abusive husband. It was clear that she had not fired the fatal shot, but she may have been involved in a robbery that pre- ceded the murder. Gamble was convicted of first-degree murder and was given the mandatory sentence of life imprison- ment without eligibility for parole for 25 years. A series of appeals were unsuccess- ful. She was sent to the Kingston Prison for Women. Gamble, a poor woman who had led a wretched life, was now, pre- sumably, to be forgotten for good. But, as Pound tells the tale, several lawyers thought there had been a mis- carriage of justice — in particular, Colin Irving, a prominent Montreal tax prac- titioner. In 1982, Irving saw something about the Gamble case on CBC's the fifth estate and it bothered him. He thought Gamble's sentence was based on legisla- tion not in effect at the time of the mur- der, and that ongoing enforcement of the sentence she was given violated the prohibition against cruel and unusual punishment in the Charter of Rights. He wrote to Gamble and offered his services pro bono. Thus began six years of often- intensive legal work. At the end of 1988, the Supreme Court agreed with Irving's argument and found Gamble eligible for parole. In 1989, she was let out of jail. Sadly, a few months after being grant- ed parole, Gamble was killed in an auto- mobile accident — hence the title Un- lucky to the End. Perhaps the best piece of luck she had in an unlucky life was having Colin Irving on her side. Philip Slayton has been dean of a law school and senior partner of a major Canadian law firm. Visit him online at philipslayton.com Q. Why does Ontario's legal profession trust Martin's? A. Analysis and commentary from renowned authors you won't find anywhere else Martin's Ontario Criminal Practice, Includes forms on CD-ROM 2009 Edition With annotations by Edward L. Greenspan, Q.C. and The Honourable Justice Marc Rosenberg Expertise and authority you've come to rely on for an authoritative explanation of Ontario's rules of criminal practice A valued volume in the respected series of annual publications, Martin's Ontario Criminal Practice, 2009 Edition reflects the excellence of the Martin's brand by offering the most current and authoritative explanation for the rules of practice in Ontario's criminal justice system. Inside this edition you will find: Criminal Appeal Rules Criminal Proceedings Rules of the Superior Court of Justice — includes synopsis for each rule, annotated and cross-referenced to the provisions in the Criminal Code and rules Rules of the Ontario Court of Justice in Criminal Proceedings mirror the provisions of the Criminal Proceedings Rules of the Superior Court of Justice standardizing practice before the courts relevant sections of the Provincial Offences Act regulations governing appeals under the Provincial Offences Act expanded case law, current to February 29, 2008 Ontario Review Board Rules of Procedure an updated list of courts, agencies and ministries organized by region concordance with cross-referencing to the former rules followed by the Administrative Guidelines of the Ontario Court of Appeal …and more! Martin's Ontario Criminal Practice, 2009 Edition - the most comprehensive, up-to-date reference tool for the rules of practice in Ontario's criminal justice system. Order your copy today! www.canadalawbook.ca CL0708 www. C ANADIAN Law ye rmag.com JULY 2008 29 Martins Ontario 2009 (CL 1-2is).indd 1 6/4/08 10:03:58 AM

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