Falconer Charney LLP

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May 8, 2012- Inquest into the Death of Junior Manon

A five-person jury in the Inquest into the Death of Junior Manon has ruled the cause of his death at the hands of two Toronto Police officers to be “restraint asphyxia”. The jury apparently disbelieved the accounts of the two involved officers, Constable Mike Adams and Constable Stuart Blower, who both testified that Junior Manon was never restrained in the prone position during his arrest. The jury recommended improvements to how officers facing an S.I.U. investigation are segregated from one another prior to making their notes.

The Manon family was represented by Falconer Charney LLP.

Jury's Verdict

In the News

"Coroner's jury says Junior Manon's death was accidental." May 8, 2012

Further Documents on the Manon Inquest

May 8, 2012- Conference: Whose Rights? Which Rights? A Community Forum on School Safety

On May 8, 2012, the Ontario Secondary School Teachers Federation (District 12) will be holding a conference, entitled, “Whose Rights? Which Rights? A Community Forum on School Safety.” The former chair of the School Safety Panel, Julian Falconer, will be giving opening remarks at the conference.

Event Flyer

School Safety Report- "A Road to Health"

Executive Summary

May 2, 2012- The Police Beating of Dr. Tyceer Abouhassan- Detective Van Buskirk receives 5 month jail sentence

On Wednesday May 2, 2012, Windsor Police Detective David Van Buskirk appeared before Justice Donald Ebbs to receive his sentence stemming from his conviction for his assault of Dr. Tyceer Abouhassan on April 22, 2010.

Detective Van Buskirk was sentenced to 5 months in jail for the assault. The April 22, 2010, attack on Dr. Abouhassan resulted in the doctor suffering a detached retina, a concussion, a fractured nose, facial lacerations, and swollen and bruised ribs. A civil suit has been commenced by Dr. Abouhassan against Detective Van Buskirk and other Windsor Police Service members and continues to proceed through the court processes.

In the News

"Detective faces new charge, loss of pay." May 3, 2012

"Cop gets 5 months for assault of MD, but remains free on bail." May 3, 2012

"Windsor police apologize to victim beaten by detective." May 2, 2012

"Detective who beat blind doctor gets 5 months jail." May 2, 2012

"Windsor, Ont., police detective handed five month sentence." May 2, 2012

"Windsor mayor calls for harsher penalties urged for cops who lie." May 2, 2012

"Van Buskirk gets 5 months for assault, files appeal." May 2, 2012

"Van Buskirk to be suspended without pay, says acting police chief." May 2, 2012

Related Documents

Raw footage of the assault on Dr. Abouhassan

Statement of Claim. September 29, 2011

Further Documents on Dr. Abouhassan's Case

April 27, 2012- Intervention of behalf of NAN in R. v. Kokopenace and R. v. Spiers

Hearing: May 2-4, 2012, Court of Appeal for Ontario. 130 Queen Street West, Toronto, ON.

The Appeal hearings in R. v. Kokopenace and R. v. Spiers are set to be heard at the Court of Appeal for Ontario on May 2-4, 2012.

Court Documents

Factum of Nishnawbe Aski Nation

Factum of the Respondent, Her Majesty the Queen

Appellants' Amended Joint Factum

Factum of the Bushie and Pierre Families

Factum of the David Asper Centre for Constitutional Rights

In the News

"Aboriginal juror shutout before Appeal Court." April 29, 2012

"Lack of aboriginal jurors on trial: killers fight guilt in Appeal Court." April 29, 2012

"Lack of aboriginal jurors troubles court." April 29, 2012

"Appeal based on jury pool set for *Monday." April 27, 2012

*The appeal is actually set to be heard on Wednesday, May 2, 2012

Further Documents on Nishnawbe Aski Nation

April 26, 2012- The Police Beating of Dr. Tyceer Abouhassan

On April 26, 2012, Detective David Van Buskirk, of the Windsor Police Service, plead guilty to the charge of assault causing bodily harm. On April 22, 2010, Detective Van Buskirk committed an unprovoked assault of Dr. Tyceer Abouhassan at the Jackson Park Medical Centre in Windsor, Ontario. Detective Van Buskirk is scheduled to be back in court on Wednesday, May 2, 2012 at 10:00AM to receive his sentence. The Crown is seeking a six to eight month jail sentence, while the defense is seeking a non-custodial sentence.

Detective Van Buskirk was also charged with public mischief for his role in having criminal charges laid against Dr. Abouhassan. A trial in relation to the public mischief charge is scheduled to commence on June 4, 2012.

In the News

"Surveillance video captures “horrendous example” of excessive force: Lawyer." April 30, 2012

"Windsor police beating caught on tape." April 27, 2012

Interview of Julian Falconer on CBC Late Night. April 27, 2012

"Windsor, Ont., cop pleads guilty in 'unprovoked' attack on doctor." April 26, 2012

"Det. Van Buskirk pleads guilty to assault of doctor." April 26, 2012

"Windsor detective to be sentenced Wednesday." April 27, 2012

Related Documents

Raw footage of the assault on Dr. Abouhassan

Further Documents on Dr. Abouhassan's Case

April 26, 2012 - Inquest into the Death of Junior Manon

On April 26, 2012, lawyers for the Manon Family, Julian Roy and Asha James, made closing submissions to the jury in the Inquest into the Death of Junior Alexander Manon. In his closing address, Julian Roy pointed out to the jury the inconsistencies in the evidence provided by Constable Adams and Sergeant Blower and asked that the jury find that Junior Manon died of positional asphyxia, as concluded by Ontario's Chief Forensic Pathologist, Dr. Michael Pollanen, and that the actions of the officers constitute a finding of homicide by the jury.

In the News

"By what means did Junior Manon die in police custody?" April 26, 2012

Further Documents on the Manon Inquest

April 2, 2012- Intervention of behalf of NAN in R. v. Kokopenace and R. v. Spiers

Nishnawbe Aski Nation (NAN) filed their Intervenor Factum in the Court of Appeal of Ontario on the issue of the systematic exclusion of First Nation Reserve community members from Ontario jury rolls. NAN's position is that a Sheriff's due diligence in attempting to include First Nation people cannot save a jury roll that grossly under-represents First Nation Reserve community members.

Argument is set to be heard at the Court of Appeal on May 2-4, 2012

Factum of Nishnawbe Aski Nation. April 2, 2012

March 29-30, 2012- Iacobucci Jury Rolls Review: Preparation for Consultations

Julian Roy, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Jerry Sawanas attended in remote reserve communityand met with community members of Poplar Hills and Sachigo First Nation to prepare for eventual consultations with the Iacobucci Review team.

March 27, 2012- Black Business Professionals Association Honours Julian Falconer

The Black Business Professionals Association (BBPA) honours Julian Falconer, naming him a recipient of the Distinguished Men of Honour Award.

Event Flyer

March 26-27, 2012- Iacobucci Jury Rolls Review: Preparation for Consultations

This week lawyers Julian Roy and Meaghan Daniel, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Jerry Sawanas attended in remote reserve community and met with community members of Mishkeegogamang First Nation to prepare for eventual consultations with the Iacobucci Review team.

March 20-22, 2012- Iacobucci Jury Rolls Review: Preparation for Consultations

This week lawyers Julian Roy and Meaghan Daniel, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Jerry Sawanas attended in remote reserve community and met with community members of Poplar Hill, Sachigo and Mishkeegogamang First Nation to prepare for eventual consultations with the Iacobucci Review team.

March 13, 2012- Schaeffer/Minty Police Notes Case

The Schaeffer/Minty Families Respond to the Police Officers' Request for Leave to Appeal to the Supreme Court of Canada

The Schaeffer and Minty Families have submitted their response to the Police Officers' request for Leave to Appeal. The Families take the primary position that Leave to Appeal should be denied; however, if the Supreme Court of Canada finds that the Court of Appeal's decision is "unworkable", then the Families will argue that police officers should not be able to communicate at all with counsel prior to the completion of their police notes.

Court Documents

Court of Appeal Decision. November 15, 2011

Families' Memorandum of Fact and Law. March 13, 2012

Families' Notice of Application for Leave to Cross-Appeal. March 13, 2012

SIU Director's Memorandum of Argument. March 12, 2012

SIU Director's Notice of Application for Leave to to Cross-Appeal. March 12, 2012

Police Officers' Notice of Application for Leave to Appeal. January 13, 2012

Police Officers' Memorandum of Fact and Law. January 13, 2012

Further Documents on Schaeffer/Minty case

March 8, 2012- Iacobucci Jury Rolls Review: Preparation for Consultations

This week lawyers Julian Roy and Meaghan Daniel, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Jerry Sawanas attended in remote reserve community and met with community members of Pikangikum First Nation to prepare for eventual consultations with the Iacobucci Review team.

March 7, 2012- Iacobucci Jury Rolls Review: Consultations Conducted in Sandy Lake

This week, the Honourable Frank Iacobucci and his review team conducted consultations with the remote community of Sandy Lake First Nation. Nishnawbe Aski Nation lawyers Julian Roy and Meaghan Daniel, along with NAN rep Jerry Sawanas, attended on the consultations and provided community members support and advice.

March 5, 2012- Leroy Cox's Human Rights Complaint

Lawyers Julian Falconer and Asha James appeared before the Human Rights Tribunal of Ontario on February 29, 2012, for a summary hearing in relation to Mr. Cox’s Application regarding racial harassment in the workplace. Mr. Cox is a Correctional Officer at the Toronto Jail. Since 2005, Mr. Cox has been the recipient of racial hate mail sent to African-Canadian guards working at the Toronto Jail. The letters have been sent in the name of the KKK and seek the removal of African-Canadian guards from the Toronto Jail. The Ministry of Community Safety and Correctional Services has been unable to uncover the perpetrator(s) of the racist hate mail.

Documents

Affidavit of Leroy Cox. (Graphic language warning) February 9, 2012

Submissions of Leroy Cox. April 21, 2010

Decision (Re: Withdrawal of Grievance). December 16, 2010

Letter from lawyer Julian Falconer to Toronto deputy chief (Graphic language warning) December 24, 2010

In the News

"Rights body probes racist messages against black officers at Toronto jail." March 6, 2012

"Toronto hate crimes unit not probing Don Jail." March 6, 2012

"Toronto jail guard seeks workplace racism investigation." March 5, 2012

"Don Jail Guards Ordered Back To Work After Walking Off The Job Over Racist Death Threats." January 16, 2008

March 1, 2012- Iacobucci Jury Rolls Review: Preparation for Consultations

This week lawyers Julian Roy and Meaghan Daniel, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Ben Cheechoo attended in remote reserve community and met with community members of Ginoogaming First Nation to prepare for eventual consultations with the Iacobucci Review team.

February 29-March 1, 2012- Iacobucci Jury Rolls Review: Consultations Conducted in Constance Lake

This week, the Honourable Frank Iacobucci and his review team conducted consultations with the remote community of Constance Lake First Nation. Nishnawbe Aski Nation lawyers Julian Roy and Meaghan Daniel, along with NAN rep Ben Cheechoo, attended on the consultations and provided community members support and advice.

February 25, 2012- Law Union Conference

Lawyers Julian Falconer, Julian Roy, and Meaghan Daniel are each presenting today at the Law Union Conference, entitled "Occupy, Protest, Resist".

Conference Brochure

Program

February 24, 2012- Admin Law Conference- "Ethical Red Flags in Administrative Law"

Lawyer Julian Falconer presented today, as part of a panel, on issues of advocacy and ethics in the practice of public interest litigation.

Program

February 23, 2012- Police Shooting Death of Eric Osawe

Following the September 29, 2010, shooting of Eric Osawe, Police Constable David Cavanagh of the Toronto Police Service was charged with manslaughter. Today, that charge of manslaughter has been upgraded to the more serious charge of second degree murder. The family of Eric Osawe, Kings Osawe (father), Magdalene Ogini (mother), and Esther Osawe (sister) attended court today, but will not be making any further public statements.

SIU News Release

Toronto Police Officer Faces Second Charge. February 23, 2012

In The News

"Special Justice for Police Officers." February 24, 2012

"Police fume as officer charged with murder." February 23, 2012

"Toronto police officer charged with murder in 2010 shooting." February 23, 2012

"Toronto police officer charged with murder." February 23, 2012

"Toronto police officer charged with murder in 2010 shooting." February 23, 2012

"Charges against Toronto police officer upgraded to second-degree murder." February 23, 2012

"Toronto police officer charged with second-degree murder in shooting death." February 23, 2012

"Toronto cop charged with manslaughter in fatal shooting: SIU." December 1, 2010

"Man shot dead in confrontation with police." September 29, 2010

1998 charge of murder against York Region police officer

February 14-15 2012- Iacobucci Jury Rolls Review: Consultations Conducted in Three Reserve Communities

This week, the Honourable Frank Iacobucci and his review team conducted consultations with the remote communities of Mattagami First Nation and Moose Cree First Nation. Nishnawbe Aski Nation lawyers Julian Falconer and Meaghan Daniel, along with NAN rep Ben Cheechoo, attended on the consultations and provided community members support and advice.

Further Documents on Nishnawbe Aski Nation

February 7-9, 2012-Iacobucci Jury Rolls Review: Preparation for Consultations

This week lawyers Julian Falconer and Meaghan Daniel, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Ben Cheechoo attended in remote reserve communities and met with community members of Moose Cree First Nation and Constance Lake First Nation to prepare for eventual consultations with the Iacobucci Review team.

Related Documents

The Jury System and First Nations People- Frequently Asked Questions

Mandate of Jury Roll Inquiry. August 11, 2011

Map

Flyer (English)

Flyer (Oji-Cree)

Court of Appeal Judgment. March 10, 2011

Affidavit of Rolanda Peacock. September 8, 2008

Further Documents on Nishnawbe Aski Nation

January 31-February 2, 2012- Iacobucci Jury Rolls Review: Consultations Conducted in Three Reserve Communities

This week, the Honourable Frank Iacobucci and his review team conducted consultations with the remote communities of Keewaywin First Nation, Kasabonika First Nation, and Webequie First Nation. Nishnawbe Aski Nation lawyers Julian Roy and Meaghan Daniel, along with NAN reps Ben Cheechoo and Jerry Swanas, attended on the consultations and provided community members support and advice.

January 26, 2012- Iacobucci Jury Rolls Review: Preparation for Consultations

This week lawyers Julian Roy and Meaghan Daniel, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Jerry Sawanas attended in remote reserve community and met with community members of WebequieFirst Nation to prepare for eventual consultations with the Iacobucci Review team.

January 25, 2012- Iacobucci Jury Rolls Review: Preparation for Consultations

This week lawyers Julian Roy and Meaghan Daniel, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Jerry Sawanas attended in remote reserve community and met with community members of Kasabonika Lake First Nation to prepare for eventual consultations with the Iacobucci Review team.

January 24, 2012- Iacobucci Jury Rolls Review: Preparation for Consultations

This week lawyers Julian Roy and Meaghan Daniel, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Jerry Sawanas attended in remote reserve community and met with community members of KeewaywinFirst Nation to prepare for eventual consultations with the Iacobucci Review team.

January 23, 2012- Iacobucci Jury Rolls Review: Preparation for Consultations

This week lawyers Julian Roy and Meaghan Daniel, acting on behalf of Nishnawbe Aski Nation, along with NAN representative Jerry Sawanas attended in remote reserve community and met with community members of Sandy Lake First Nation to prepare for eventual consultations with the Iacobucci Review team.

January 20, 2012 - Inquest into the Death of Junior Manon (commenced in Toronto on January 16, 2012)

Lawyers Julian Falconer, Julian Roy and Asha James represent the Manon Family at the Inquest. Junior, an otherwise healthy 18 year old black teenager, died on May 5, 2010 while being forcibly restrained by Toronto Police officers Mike Adams and Stuart Blower. The cause of death, according to the Chief Forensic Pathologist, arises directly from how Junior Manon was restrained by the officers– ie. positional asphyxia. Excited delirium has been ruled out by Dr. Pollanen. Initially Junior Manon ran from police who were trying to arrest him for a driving offence. According to some eyewitnesses to portions of the altercation, Mr. Manon was on the ground in a defenceless position with at least one officer on top of him. Officers were seen using headlocks and punches and one officer was seen striking Junior Manon with his portable police radio.

As a result of a recently released report from the OIPRD, it is now apparent that the same Subject Officer, Mike Adams, is also implicated in the beating of Adam Nobody which occurred on June 26, 2010 during the G20 protests. Mr. Nobody’s counsel in respect of the OIPRD complaint is Paul Copeland. Given the striking similarity between the two incidents and the fact that they were only seven weeks apart, the Manon Family has brought a motion to be permitted to introduce the Adam Nobody OIPRD Report into evidence and to cross-examine Officer Adams in the Inquest proceedings on his alleged use of excessive force on other occasions apart from the restraint of Junior Manon. Argument will be made in Court on Tuesday, January 24, 2012 at 9:30am.

Coroner's Court Documents

Manon Family's motion. January 20, 2012

Manon Family's written submissions. January 20, 2012

In the News

"Friend of Junior Manon watched Toronto police beat teen, inquest told." February 16, 2012

"Teen in fatal arrest was face down and not moving, officer says." February 15, 2012

"Manon inquest: Senior cop thought teen had a pulse." February 10, 2012

"Second officer testifies at Manon inquest." February 8, 2012

"Officer denies deadly restraint used." February 8, 2012

"Lawyer fears homicide finding in inquest into teen’s death." February 6, 2012

"Police arrest inquest to hear new cause of death." February 3, 2012

"Cop walked away from dying man, inquest told." February 1, 2012

"Witnesses, coroner are wrong, officer tells inquest." January 30, 2012

"Manon's death 'worst-case scenario': police officer." January 30, 2012

"Toronto officer recounts violent struggle moments before Junior Manon died." January 27, 2012

"Toronto policeman testifies at Manon inquest." January 27, 2012

"Officer tells his story at Manon inquest." January 27, 2012

"Manon family wants G20 report heard at inquest." January 23, 2012

"Cop's 'propensity' to use force needs review, teen's family to urge inquest." January 23, 2012

"Discreditable police conduct in forceful G20 arrest of Adam Nobody report." January 20, 2012

"Charge G20 officers, police watchdog orders." January 20, 2012

"Man’s death in police custody spurs inquest." January 16, 2012

"Inquest to look at police custody death." January 8, 2012

Court Documents

Statement of Claim. November 3, 2011.

January 13, 2012- Schaeffer/Minty Police Notes Case

The Police Officers involved in the Schaeffer/Minty Application have commenced an Application for leave to appeal the Court of Appeal’s decision to the Supreme Court of Canada.

Court Documents

Court of Appeal Decision. November 15, 2011

Notice of Application for Leave to Appeal. January 13, 2012

Memorandum of Fact and Law. January 13, 2012

Further Documents on Schaeffer/Minty case

January 3, 2012- Supreme Court of Canada to Hear Appeal in Penner v. Niagara Regional Police Services Board et al.

Hearing: January 11, 2012. 9:30AM. Supreme Court of Canada. 301 Wellington Street. Ottawa, ON.

Click here to watch the Supreme Court hearing.

On January 11, 2012, Julian Falconer, Julian Roy and Sunil Mathai will be representing the Appellant at the Supreme Court of Canada in Penner v. Niagara Regional Police Services Board et al. The issue in the case is whether the Ontario Court of Appeal was correct in ruling that negative findings made by a police adjudicator in police complaint proceedings can be used to bar a civil claim against police officers.

Court Documents

Factum of the Appellant, Main Appeal. July 14, 2011

Factum of the Respondents. September 8, 2011

Notice of Appeal. April 21, 2011

Supreme Court Judgment Granting Leave to Appeal. March 24, 2011

Factum on Leave to Appeal. November 26, 2010

Court of Appeal Judgment. September 27, 2010

Further Documents on Penner Case

The Road to Health: A Final Report on School Safety

The School Community Safety Advisory Panel (Chaired by Julian Falconer) released its Final Report containing more than 100 recommendations to help improve the safety and enhance the culture at the TDSB.

School Safety Panel Website