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REGIONAL WRAP-UP QuEBEC APPEALING CONTROVERSIAL TuRCOTTE DECISION and can be released from a psychiatric hospital. Turcotte was transferred there after the verdict and time in prison following his arrest on the murder charges. Jean-Claude Hébert, a Montreal criminal lawyer speaking on behalf of the review board, which rules on cases where the accused are found unfit for trial or not criminally responsible because of mental health problems, said given the complexity Court tosses lawyer's C alling the case "an abuse of pro- cess," an Ontario Superior Court judge dismissed allegations of racial profiling from Toronto lawyer Munyonzwe Hamalengwa against sev- eral high-profile officials. Hamalengwa had alleged racial profiling by parties including Ontario Attorney General Chris Bentley, Ontario ombudsman André Marin, and the Toronto Police Services Board. His statement of claim was struck on various grounds. "The statement of claim does not disclose a reasonable cause of action and is an abuse of process," Ontario Superior Court Justice Sidney Lederman said in his July 27 decision. Lederman rejected Hamalengwa's claims related to breaches of his Charter rights. "The statement of claim is largely a combination of evidence and argument that racial profiling is a systemic problem," he wrote. "An allegation of racial animus is analogous to an allegation of fraud, misconduct, or dishonesty. Thus, a bald allegation of racial profiling without par- ticularity must be struck." Although he was unsuccessful in pro- ceeding further with the case, Hamalengwa is adamant about bringing forth the state- ment of claim against multiple parties. "Racial profiling of African-Canadians is an ongoing problem, and we deserve protection from the federal government, Ontario government, and police," he says. One incident noted in the statement of claim was Hamalengwa's involvement in the case of Richard Wills, a former Toronto police officer charged with first- degree murder. Hamalengwa served as one of Wills' defence counsel for nearly 18 months and billed the Ministry of the Attorney General just over $670,000 (as per a Fisher order). His fees are now being reviewed by MAG. "I was singled out for assessment," he says. "I worked so hard on the [Wills] case, [one] that a good many before me failed to resolve, and what do I get? Punishment. There is no doubt in my mind that I was isolated, along with another minority lawyer, for assessment." Hamalengwa says he was fired by Wills a day before the matter was to go to trial. "I personally contributed to bringing of the case and the controversy surrounding it, board presi- dent Mathieu Proulx decided it would be wise to have two psychiatrists and two lawyers, along with a social worker, on the panel. — KATHRYN LEGER kathryn.leger@videotron.ca claim Richard Wills to trial after many law- yers had failed . . . I was principally doing that case for one and a half years at about $200 per hour. . . . Other law- yers involved made more money pro- portionately." Hamalengwa says he's not sure if he plans to appeal but hopes other lawyers will continue to fight against racial profiling. "History will be on my side. Racial profiling will eventually be defeated." — RAVI AMARNATH WEST ALBERTA'S LEGAL COMMuNITY RESPONDS TO he wildfire that swept through Slave Lake, Alta., on May 15 burned down a third of the town. Approximately 400 homes and businesses were destroyed, leaving thousands of residents without a place to live, a job, and in some cases, identification. Even the town's brand new courthouse burned to the ground. In response to this disaster, Alberta's legal community has offered free legal assistance to the residents of Slave Lake affected by the fire. T Within just a few days of the disaster, Pro Bono Law Alberta, Legal Aid Alberta, and the Canadian Bar Association-Alberta formed a partnership to respond to the emerging legal needs of Slave Lake residents. This collaboration is supported by the Law Society of Alberta, Alberta Lawyers' Assistance Society, and Alberta Civil Trial Lawyers Association. In addition to a toll-free hotline, which was launched June 22, legal information sessions, frequently asked questions, and other public legal education materials are being developed as 10 SEPTEMBER 2011 www. CANADIAN Lawyermag.com r C ontinued fr om pa g e 9 acial pr ofiling S LA V E LA KE D IA S S TER