Canadian Lawyer

12 N O V E M B E R / D E C E M B E R 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m I s a complacent Calgary defence bar giving local police a more-or-less free ride on issues of police conduct? That was the subtext of comments made by Tony Simioni, the retired execu- tive director of the Edmonton Police Asso- ciation. "It's like [the police] have a free pass in Calgary," he told the local media recently. Simioni was commenting on figures that show between 2012 and 2014 there were 103 police disciplinary hearings in Edmonton, while in Calgary there were just eight. "Why are our officers held to such high scrutiny?" Simioni complained. That sparked a sharp reply from Alan Pearse, who chairs the policing committee of the Calgary-based Criminal Defence Lawyers Association. A 15-year criminal law veteran, Pearse says the reason the Edmonton figures are higher is because the Edmonton Police Service "is the most violent police force in Alberta. They are significantly more violent than any nearby force and certainly more violent than the Calgary Police Service." Pearse practises all over the province and has an office in Edmonton. "I do primarily impaired driving,'" he says, and works mostly with white-collar clients. "Impaired drivers don't usually get beaten up by police, but they do in Edmonton. The EPS has a culture of violence." Pearse is quick to acknowledge that one big reason the Edmonton numbers are so dramatically skewed is the tireless work of highly regarded Edmonton defence law- yer Tom Engel. For years, Engel has been a champion of the little guy and a white hot critic of Alberta's police forces. Engel's reputation can be summed up in the title of an article written for a local Edmonton magazine a few years ago: "Is this the most hated lawyer in town?" The 62-year-old firebrand has brought more complaints against police officers than any other law- yer in the province, and the police have made dozens of complaints against him. Engel acknowledges the oversight of Edmonton police is strict. But he applauds it. He says it is a tribute to 15 years of non- stop pressure by the Edmonton-based Criminal Trial Lawyers Association. "Engel is a force to be reckoned with," says Pearse. Meanwhile, Simioni disappeared when Calgary Police Association president How- ard Burns took public issue with Simioni's comments about there being no basis for the disparity in police disciplinary hearings between the two cities. Burns, no doubt eager to deflect any potential heat from the 2,100 Calgary Police officers he represents, told the Calgary Sun Simioni's remarks were "ridiculous." Burns also whisked off a letter to the Edmonton Police Association expressing his "strong concern" about the remarks. Meanwhile, the spat between the Edmonton and Calgary police associations has settled down. The president of the Edmonton Police Association, Sgt. Mau- rice Brodeur, who was also unavailable for an interview, told the media earlier that he wants to focus on how the two police forces "perceive discipline and how they perceive the Police Act." The Alberta Police Act is scheduled for review next year. — GEOFF ELLWAND writerlaw@gmail.com Are Edmonton lawyers tougher on cops than Calgary's? W E S T \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP DISGRACED VANCOUVER LAWYER ON TRIAL IN FEBRUARY T he case of former Vancouver lawyer John David Briner is shaping up as an example of how when regulatory bodies take the easy route of civil settle- ment that doesn't include an admission of wrongdoing or prosecution, the mandate of protecting the public can shift sideways. Briner, 37, is finally going to British Columbia Provincial Court in February for a trial on nine criminal counts of breaching a B.C. Securities Commission ban prohibit- ing him from participating in the stock market, the latest in a string of problems that has dogged him on both sides of the border for a decade. He's been able to side-step most. The Crown filed the nine counts under the B.C. Securities Act in March 2015 alleg- ing Briner didn't resign positions in three companies and took up positions in six more while under a five-year ban from the BSCS. The five-year ban ends Nov. 3; however, Crown prosecutor Brian McKinley said Briner's bail conditions, imposed from other court appearances, prohibit him from sell- ing, trading, or distributing securities, or participating in investor relations. "The trial is set for three days: Feb. 17, 18, 19," said McKinley. The five-year B.C. ban placed on Briner as of Nov. 24, 2010 stemmed from a U.S. Securities Exchange Commission investigation that alleged Briner participated in a pump-and-dump and market manipulation scheme. Briner settled with the SEC. He was banned for five years from penny stock trading and ordered to "disgorge ill-gotten gains of $52,488.32 plus prejudgment interest and pay a civil penalty of $25,000." The BCSC prohibition essentially parallels conditions imposed by the U.S. District Court Southern District of New York other than the monetary penalties. While the original SEC and BCSC bans were in place, both regulatory bodies allege Briner didn't abide by the prohibitions and have brought further charges against him. The SEC court information states that in 2011, Briner became the sole director of a British Columbia shelf company and changed its name from 0827796 BC Ltd. to Jervis. Between September 2011 and May 2013, Jervis acquired 68 mineral claims in B.C.

• Cover