Canadian Lawyer InHouse

25 CANADIANLAWYERMAG.COM/INHOUSE MAY 2016 to grant the 2-for-1 credit formula. When asked if he has any lasting effects from the kidnapping, Potts referred to his wife Maureen's victim impact statement that spoke to what it was like for the family the night Potts was abducted. Sosna also noted additional orders to Lutczyk's sentence include a DNA databank order, fi rearm prohibition for life, and a ban on contact with Potts and his family dur- ing the time Lutczyk is in custody. "Please listen to me, Mr. Lutczyk, and listen hard. The last order I can only apply during your period of custody . . . I can't order this, but for the sake of the Potts family that is here, who have suffered in many ways, you would be best served to stay away from them, do you understand that?" Potts says the responsibilities of law- yers no matter what the potential risks are "non-negotiable." "What happened to me happened in my driveway; not at city hall. These risks exist all the time for everybody. It's understandably a risk for any lawyer, and for me, I would never in my wildest dreams have predicted an armed kidnapping in my driveway. The important thing is that our responsibilities to our profession and our clients are non-negotiable. The perception that there would be any infl uence or dif- ferent thinking in those circumstances is a concern as well," he says. Today, Potts is adamant that for him and his family, the "kidnapping happened and it's over. It was easier that night for me than it was for Maureen and our children and our family and friends," he says. "I knew what was going on and they didn't. We have ev- erything for which to be grateful." Potts notes he has but one client — Os- hawa council and its staff. "They've also treated me and the circumstances as busi- ness as usual every day. I'm a pretty lucky person," he says. While he is Catholic, Potts says he "doesn't wear that on his sleeve," but for- giving Lutczyk has been important to him and his family in terms of moving on with their lives. "This has nothing to do with re- ligion; but I am a victim if I hang on to this. I have been very self-conscious about that status — that label — from the beginning. I really and truly bear no ill will toward Mr. Lutczyk. What he did was very serious. On a personal front, I really have let go." The Potts' son Sam's career plan was to apply to law school, until his father was ab- ducted. He then made the decision to focus on becoming a police offi cer instead and has applied to the Ontario Provincial Po- lice. The Potts' youngest daughter is also pursuing a career in law enforcement. Potts is focused on the future for all involved. "I really am hopeful Mr. Lutczyk will fi nd his way and have the help of family and friends," he says. IH charges stemming from the kidnapping that ended in a 26-hour standoff with police. He has been in custody since the event. He en- tered the guilty plea for kidnapping Potts at gunpoint, as well as two other weapons charges. When asked how he felt about the ordeal being over once sentencing was handed down, Potts simply said it was "back to the offi ce" for him. "It's over. It was over three- and-a-half years ago," he said. Potts said he and his family accept the apology Lutczyk made during sentencing submissions Feb. 4, in which he said he was sorry for the "or- deal" and pain caused to the family. Outside the courthouse on Feb. 26, Maureen Potts thanked Lutczyk for his apology, saying it "meant a lot to our family." She said her husband "is a man of great integrity, and he has shown that all through this procedure, wanting a fair trial for Mr. Lutczyk. He has been an amazing father and husband all through this." During his pre-sentence comments, Sos- na highlighted the fact that Lutczyk waited three-and-a-half years after his arrest to extend his apology to Potts and his family. Sosna had initially suggested he was considering a 10-year sentence for Lut- czyk with fi ve years' credit for time served based on a formula of 1.5 days for each day he has already spent in jail. The Crown had originally submitted Lutczyk should be eli- gible for two days for each day served. After some last-minute arguments put forward by defence counsel Chris Murphy, Sosna re- considered, offering a nine-year sentence. Sosna agreed to a fi nal joint submission of eight years and four months from Murphy and Crown counsel Ngai On Young, with agreement on 1.5 days for each day served. He said he found no legal reference for him The important thing is that our responsibilities to our profession and our clients are non-negotiable. DAVID POTTS, City of Oshawa JENNIFER BROWN

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