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Terrorist barred from practising law in Ontario, then deported P arminder Singh Saini is a convicted hijacker and ter- rorist who said he had mended his ways, but he was still denied a licence to practise law in Ontario. The Law Society of Upper Canada cited his criminal past as one factor proving that he is not of good character. "At this point in time, while Mr. Saini has shown an ability to obtain university degrees and has impressed a number of people, we are still leſt with a number of serious concerns," panel chairman William Simpson wrote in a January ruling. Saini's lawyer, Frank Addario, argued last year his client regretted his misdeeds, had amassed a roster of impressive personal and professional ref- erences in Canada, and had rehabilitated himself from the man who committed what the panel called "a horrendous crime." According to an agreed statement of facts, in 1984, when Saini was 21, he hijacked an airplane at gunpoint in India "at the behest of leaders within his religious community." With more than 270 people on board, Saini and his accomplices, armed with guns and kirpans, ordered the plane rerouted to Lahore, Pakistan. The statement said Saini and leaders of a militant Sikh orga- nization orchestrated the hijacking to raise awareness of the repression of the Sikh community in India. He was impris- oned but when he got out, Pakistani authorities asked Saini to leave the country. He made his way to Canada under an assumed name and sought asylum. Addario submitted to the panel that Saini had been on a course of rehabilitation for more than 20 years, had not been convicted of any offences since arriving in Canada in 1995, and was not part of an ideological community. But the panel took issue with Saini's conduct upon arriv- ing in this country. A Canadian Security Intelligence Service investigation uncovered Saini's real identity aſter a few months. He was arrested and ordered deported but while in immigration detention in Canada, Saini's father in Pakistan obtained his son's pardon. Canada's Federal Court accepted the pardon and stayed the deportation. On appeal, however, the Federal Court of Appeal ruled the pardon didn't amount to its equiv- alent in Canadian law and maintained the removal order. Shortly aſter the denial of a licence, Saini was deported to India, where, he was immediately jailed. The Canadian government claims it had no inkling he'd be thrown in jail but Saini's immigration lawyer Lorne Waldman is fighting to have him allowed back into Canada. — TS LSUC overturns suspension of self-sabotaging lawyer T he Law Society of Upper Canada has reinstated Yaroslav Mikitchook's licence to practise law aſter concluding it was psychological disorders that led him to ignore cli- ents and repeatedly defy the law society. In a January hearing, Mikitchook convinced the LSUC to terminate the indefinite licence suspension imposed on him aſter his seventh finding of professional misconduct. "We understand he has been seeing a psychiatrist approxi- mately twice a week, and it is our understanding that will continue," said panel chairman Paul Schabas. The panel relied on psychological reports indicating that Mikitchook suffers from obsessive-compulsive disorder as well as self-defeating personality disorder, also known as masochistic personality disor- der. "They concluded Mr. Mikitchook made the errors he did for psychological reasons," Schabas said. Counsel for the law society and the hear- ing panel agreed that Mikitchook's progress in therapy represented a material change of circumstances. Mikitchook's lawyer David Cousins said, "The picture has changed for him to the point where he is now ready to return to practise." The law society panel heard evidence Mikitchook had delayed issuing a statement of claim for a client's 1999 auto accident until 2004. He also failed to issue a statement of claim for the same client in a separate 2005 collision. When a complaint against Mikitchook was filed, he neglected to respond to the LSUC. He then failed to show up for his dis- ciplinary hearing, instead going on holiday with his wife. "The self-defeating personality disorder causes people to be involved in self-sabotage," said an earlier law society ruling. Two psychiatrists conducted interviews and tests with the lawyer and submitted they didn't feel he was ungovern- able but rather that he lacks the normal ability to deal with complaints about his professional conduct. "He becomes paralyzed and is unable to respond in a normal way, leading to escalation." In psychiatrist Dr. Norman Doidge's most recent report to the panel, he and two other psychiatrists agreed that Mikitchook is ready to return to the practice of law under supervision and is highly unlikely to have further problems. Cousins indicated his client has kept up with continu- ing legal education programs and has the support staff in place to return to his practice. As well, Mikitchook's previous mentor has agreed to help implement a plan of supervision, he said. — TS www. C ANADIAN Law ye rmag.com M ARCH 2010 11