What's New
May 22, 2013- Ashley Smith Inquest
The Smith Inquest continues this week with witnesses from the Grand Valley Institute for Women. Guards Angelique Fancey, Diane Martin, Kerry Kotsos, Janet Bertand and Correctional Manager Janice Sandeson are testifying regarding their interactions with Ms. Smith, and the order which ultimately led to her death.
In the News
"Ashley Smith's human rights were violated, advocate says." May 20, 2013
"Guard had raised concerns about Ashley Smith’s self-harm, inquest hears." May 17, 2013
"'Everybody knew' Ashley Smith was in danger, guard says." May 17, 2013
Further Documents on Ashley Smith Case
May 21, 2013- Northern Office: Going the "Extra Mile" for the Client
Fire Fighters Ten Mile Road Race: Lawyer Julian Falconer and Deputy Grand Chief Alvin Fiddler braved the wind and the rain in the 2013 Fire Fighters Ten Mile Road Race during Victoria Day Monday on the shore of Lake Superior. The oldest 10-Mile race in Canada, the Fire Fighters Ten Mile Road Race was established in 1910.
Julian Falconer & Deputy Grand Chief Alvin Fiddler
Fire Fighters Ten Mile Road Race- Background (Wikipedia)
In the News
"Annual race goes down to the wire." May 21, 2013
"Fire Fighters Ten Mile Road Race Revs Up." May 20, 2013
May 13, 2013- Ashley Smith Inquest
Today, Cheryl Allen and Louise Geoffrey, nurses at the Joliette institution testify regarding the forced injections given to Ashley Smith in July 2007.
Tomorrow, Dr. Michelle Roy will testify. Dr. Roy is the doctor who prescribed the injection of chemical and physical restraints over the phone. Lawyers Julian Roy and Meaghan Daniel are attending on behalf of the family of Ashley Smith.
In the News
"3 Joliette nurses testify at Ashley Smith inquest." May 13, 2013
Further Documents on Ashley Smith Case
May 9, 2013- Inquest in to the Death of Aron Firman
Evidence continues today at the Inquest into the Death of Aron Firman. Psychiatrist Dr. Michel Pigeon will be giving evidence on the effects of schizophrenia and the signs of the disease. Elisabeth Widner and Asha James are appearing on behalf of the Firman family.
In the News
"Psychiatrist surprised by Firman’s behaviour." May 11, 2013
"Firman a 'gentle' individual: doctor." May 10, 2013
Further Documents on the Firman Inquest
May 9, 2013- Ashley Smith Inquest
Today, Melanie Boucher, a nurse at Joliette Institution in Quebec, testifies regarding the forced injections that she gave Ashley Smith in July, 2007. Lawyers Julian Roy and Meaghan Daniel are attending on behalf of the family of Ashley Smith. The proceedings are being webcast live and can be watched by clicking here.
In the News
"Nurse in tears recounting treatment of Ashley Smith." May 10, 2013
"Lessons learned from a day spent with Ashley Smith." May 9, 2013
"Ashley Smith given five injections of drugs in seven hours at Quebec prison, inquest told." May 8, 2013
"Surprising video emerges of amused Ashley Smith on her bed of pain in prison." May 8, 2013
"Ashley Smith sent back to prison, again and again, to keep her safe." May 7, 2013
"St. Thomas psychiatric centre able only to keep Ashley Smith safe, psychiatrist testifies." May 6, 2013
"Time may have healed Ashley Smith, forensic psychiatrist testifies." May 2, 2013
Further Documents on Ashley Smith Case
May 9, 2013- Inquest in to the Death of Aron Firman
Evidence continues today at the Inquest into the Death of Aron Firman. Inspector Chase from Peel Region Police will be giving evidence on the Peel C.O.A.S.T. program (Crisis Outreach & Assessment Support Team). Lawyers Elisabeth Widner and Asha James are appearing on behalf of the Firman family.
In the News
"Taser death inquest needs focus, lawyer says." May 8, 2013
Further Documents on the Firman Inquest
May 2, 2013- Inquest in to the Death of Aron Firman
Evidence at the Inquest into the death of Aron Firman began on April 29, 2013, in Barrie, Ontario, and is scheduled to continue on various dates over the next few months. Mr. Firman, a 27 year old man who suffered from mental illness, died after an interaction with Ontario Provincial Police officers on June 24, 2010, in Collingwood, Ontario. According to the SIU’s release, Dr. Michael Pollanen, Ontario’s Chief Forensic Pathologist, conducted a post-mortem report on June 26, 2010, indicating that Mr. Firman died from “cardiac arrhythmia precipitated by electronic control device deployment in an agitated man.” SIU Director Ian Scott did not lay charges against the officers involved in this case, but did state that he was “of the opinion that the Taser’s deployment was not excessive, notwithstanding the fact that it caused Mr. Firman’s demise.”
SIU News Release. December 6, 2010
In the News
"Witnesses recount Firman's final moments." May 2, 2103
"Cop feared “erratic” schizophrenic, inquest told." May 1, 2013
"Tasers a weapon of necessity, not convenience, inquest told." April 30, 2013
"Collingwood man died after being Tasered three years ago." April 15, 2013
"Tasers a weapon of necessity, not convenience, inquest hears." April 29, 2013
"Firman family lawyers argue for adjournment." April 16, 2013
Further Documents on the Firman Inquest
April 19, 2013- Schaeffer/Minty Police Notes Case
Hearing: April 19, 2013, Supreme Court of Canada, 9:30AM, 301 Wellington St., Ottawa, ON K1A 0J1
In an appeal set to be heard on Friday, April 19, 2013, the Families of two mentally disabled men fatally shot by police in June, 2009, the Schaeffer and Minty Families, will argue that the Court of Appeal for Ontario was correct in determining that police officers, when involved in an S.I.U. investigation, should remain prohibited from creating two sets of notes and having lawyers assist them in the preparation of their notes. The case culminates an almost four-year legal battle being waged by the two Families whose mentally disabled family members were shot and killed by O.P.P. officers in two unrelated shootings.
The Families’ Application has already resulted in the change of the regulations governing S.I.U. investigations such that a subject officer and witness officer can no longer jointly retain counsel.
A recording of the proceedings can be viewed by clicking here
Related Documents
Court of Appeal Decision. November 15, 2011
Families' Factum on Main Appeal. February 25, 2013
Families' Factum on Cross Appeal. February 25, 2013
S.I.U.'s Factum on Main Appeal. February 1, 2013
S.I.U.'s Factum on Cross-Appeal. February 1, 2013
Officer's Factum on Main Appeal. November 12, 2012
Officer's Factum on Cross-Appeal. March 7, 2013
(Ret.) OPP Commissioner Fantino's Factum. February 4, 2013
In the News
"Supreme Court to hear arguments about whether police under investigation can have lawyers vet notes." April 19, 2013
"Top court to hear battle over police notes." April 18, 2013
"Lawyers can't vet officers' notes in SIU cases, court rules." November 15, 2011
"No lawyer vetting of notes for investigations of police court." November 15, 2011
"Ontario top court rules police under SIU probe cannot have lawyer vet notes." November 15, 2011
"Ont. court says lawyers can't help police write notes." November 15, 2011
"Ontario court ruling a win for families of people killed by officers." November 15, 2011
Further Documents on Schaeffer/Minty case
April 16, 2013- Ashley Smith Inquest
Testimony continues at the Inquest into the Death of Ashley Smith this week with Dr. Cindy Presse, chief psychologist at the Regional Psychiatric Centre; Janet-Sue Hamilton, the chair of an independent investigation into two alleged assaults on Ashley at RPC; and Stephane Pilon, the RCMP pilot who used duct tape to restrain Ashley during an inter-regional transfer. The proceedings are being webcast live and can be watched by clicking here.
In the News
"Ashley Smith: RCMP pilot defends duct taping teen on plane." April 18, 2013
"Ashley Smith inquest: 'They trussed her up like an animal' but RCMP pilot defends teens duct taping." April 18, 2013
"Ashley Smith inquest: Ex-investigator slams ‘culture of intimidation’ at Saskatoon prison." April 17, 2013
"‘I’ll duct-tape your face’ RCMP pilot to testify at Ashley Smith inquest." April 18, 2013
"Psychologist: Ashley Smith's mother wouldn't discuss girl's parentage." April 15, 2013
"Questions resurface about Ashley Smith’s birth mother." April 15, 2013
"Fresh-faced’ Ashley Smith choked herself because it ‘felt good,’ inquest told." April 15, 2013
"Textbook case of antisocial personality disorder, but Ashley Smith not unique." April 9, 2013
Further Documents on Ashley Smith Case
April 5, 2013- Supreme Court of Canada Upholds Citizens' Rights to Sue Police in Penner v. Niagara (Regional Police Services Board)
Today, in a landmark judgment, the Supreme Court of Canada reversed the Ontario Court of Appeal and has held that decisions of police discipline adjudicators cannot tie the hands of judges in lawsuits against the police. The Appellant, Wayne Penner, represented by lawyers Julian Falconer, Julian Roy and Sunil Mathai of Falconer Charney LLP, persuaded the Court that it would be fundamentally unfair to allow a police discipline process that is controlled by the Chief of Police to shield the Chief in a civil claim.
Press Advisory. April 5, 2013
Court Documents
Supreme Court decision. April 5, 2013
Factum of the Appellant, Main Appeal. July 14, 2011
"Put simply, discipline hearings run by police officer adjudicators (appointed by Police Chiefs) and prosecuted by police officers (appointed by and often acting under the instruction of Chiefs of Police during the hearings) cannot replace accountability obtained by civil actions in our Honourable Courts."
-(Appellant's Factum, July 14, 2011, Par. 6)
Court of Appeal Judgment. September 27, 2010
In the News
"Issue estoppel decision splits top court 4-3." April 19, 2013
"Supreme Court ruling gives NOTL man right to sue Niagara Regional Police." April 16, 2013
"Cops can't use complaints process as shield against lawsuits, top court says." April 5, 2013 (Ottawa Citizen)
"Canada's high court says cops can’t hide behind complaints system." April 5, 2013
"Cops can't use complaints process as shield against lawsuits, top court says." April 5, 2013 (Vancouver Sun)
"Supreme Court rules citizens can both file police complaints and sue police forces." April 5, 2013
"Cops can’t use complaints process as shield against lawsuits." April 5, 2013
"Cops can’t use complaints process as shield against lawsuits: top court." April 5 2013
"Cops can't use complaints process as shield against lawsuits." April 5 2013 (CBC)
Further Documents on Penner Case
April 4, 2013- Ashley Smith Inquest
Today, Peter Guenther, former Executive Director of the Regional Psychiatric Centre (RPC), continues his testimony regarding Ashley's time at the Saskatchewan institution. He has testified regarding several uses of force against Ashley, which culminated in Ashley's transfer out of RPC in order to ensure her safety. The proceedings are being webcast live and can be watched by clicking here.
In the News
"Christie Blatchford Prison staffer allegedly assaulted Ashley Smith." April 4, 2013
"Prison supervisor allegedly abused Ashley Smith, inquest hears." April 3, 2013
"Ashley Smith inquiry Supervisor offered to resign after assault allegation." April 3, 2013
Further Documents on Ashley Smith Case
April 1, 2013- Ashley Smith Inquest
This week Lisa Mosher and Peter Guenther will testify at the Inquest into the Death of Ashley Smith. Ms. Mosher was a behavioural counselor at Nova Institution. Mr. Guenther, who will be the first witness from the Regional Psychiatric Centre (RPC), located in Saskatoon, Saskatchewan, was the Executive Director at RPC. The proceedings are being webcast live and can be watched by clicking here.
In the News
"Prison guards lack ‘common understanding’ on basic human respect for inmates." March 31, 2013
"Ashley Smith, a ‘large tyrannical child’, was one of the most difficult cases of his career, psychiatrist tells inquest." March 25, 2013
"'No alternative' to ongoing isolation for Ashley Smith, parole officer says." March 26, 2013
"Ashley Smith turned down right to apply for full parole, inquest told." March 26, 2013
"Smith needed 'extensive psychotherapy'." March 26, 2013
"Fired Ashley Smith warden back at CSC." March 19, 2013
Further Documents on Ashley Smith Case
March 4-6, 2013- Ashley Smith Inquest
Dr. Allister Webster, Ashley’s psychologist at Nova Institution, testified at the Inquest concerning Ashley’s treatment and her transfer to the Regional Pyschiatric Centre in Saskatoon. Dr. Webster testified that Ashley was transferred from her home-institution by officials from National and Regional headquarters without Dr. Webster's knowledge and input. This was the first among 17 transfers in 11.5 months of Ashley’s time in CSC custody.
The Inquest is adjourned until March 25, 2013.
In the News
"Ashley Smith's psychologist says his advice was ignored." March 7, 2013
"Ashley Smith one of about 40 similar inmates in system, says psychologist." March 6, 2013
"Ashley Smith's ex-psychologist tells inquest he felt ‘undermined’ by decision to transfer her to Saskatoon." March 5, 2013
"Ashley Smith could have been treated with more time: psychologist." March 4, 2013
Further Documents on Ashley Smith Case
February 28, 2013- Drennan Injunction Litigation Against Wind Turbines
On March 1, 2013, lawyers Julian Falconer and Asha James will be attending court in Goderich, Ontario, to oppose a Motion to Strike brought by Her Majesty the Queen (HMQ) and K2 Wind Ontario to strike the Drennan’s Statement of Claim. On November 14, 2012, the Drennan’s issued a Statement of Claim alleging that the granting of the REA and Environmental Review Tribunal process violated their section 7 Charter rights. The Drennan’s Claim seeks to enjoin the Director from issuing the REA and K2 Wind from commencing construction until the release of the Health Canada study which is looking at the health effects for residents living within close proximity to wind turbines.
Justice Grace has reserved his decision.
Time & Location: March 1, 2013, Courtroom 1, 9:30AM.
Goderich Courthouse, 1 Courthouse Square, Goderich, ON.
In the News
"Protestors out to support Drennans." March 5, 2013
"Judge reserves decision on bid for injunction to stop K2 wind project." March 1, 2013
"Wind Battle in Goderich Court." March 1, 2013
"Wind energy developer asks court to dismiss injunction bid." February 27, 2013
Further Documents on the Drennan Family's case
February 26, 2013- Iacobucci Report into First Nations and Juries finds Justice System in Crisis
Today, the Honourable Frank Iacobucci released his Report on First Nations’ exclusion from the jury system. The Report went further than juries, however, to look at the broader and systemic issues underlying the “dysfunctional relationship” between Ontario’s justice system and Aboriginal peoples. Highlighting the acute nature of this problem in Northern Ontario, the Report points to fundamental flaws in the delivery of justice to First Nations people.
In the News
"Jury rolls in crisis." February 26, 2013
"Justice, jury systems in ‘crisis’ for Ontario First Nations." February 26, 2013
"'Systemic racism’ toward natives in justice system, Frank Iacobucci finds." February 26, 2013
"Statement from Attorney General on the Review of First Nations Representation on Juries." February 26, 2013
"Justice for Ontario first nations people ‘in crisis,’ Iacobucci reports." February 26, 2013
"Justice system failing First Nations, report finds." February 26, 2013
Further Documents on Jury Rolls Review
February 26, 2013- Ashley Smith Inquest
Alfred Legere, Warden at the Nova Institution, testifies at the Inquest into the Death of Ashley Smith. The first witness at the Warden level, Mr. Legere was at the head of Ashley's home institution located Truro, Nova Scotia. The proceedings are being webcast live and can be watched by clicking here.
In the News
"N.S. warden says he miscalculated Ashley Smith." February 25, 2013
"'I thought she was going to kill herself,' ex-warden tells Smith inquest." February 25, 2013
"10 guards on hand to put Ashley Smith into restraint chair." February 26, 2013
"Ashley Smith worsened after witnessing prison hostage-taking: former warden." February 26, 2103
Further Documents on Ashley Smith Case
February 20, 2013- Ashley Smith Inquest- Coralee Smith Testifies
Coralee Smith, mother of Ashley Smith, begins her testimony today regarding the loss of her daughter, at the Inquest into the Death of Ashley Smith. The proceedings are being webcast live and can be watched by clicking here.
In the News
‘My skin is all loose,’ Ashley Smith told mother in final visit." February 21, 2013
"Ashley Smith's mother sees no accountability for daughter's death." February 21, 2013
"Ashley Smith’s mother wants Correctional Service head to testify at inquest." February 21, 2013
"Ashley Smith’s mom testifies at prison death inquest." February 20, 2013
"Ashley Smith's mother testifies at prison death inquiry." February 20, 2013
"Ashley Smith’s mother Coralee to testify at inquest." February 20, 2013
"Ashley Smith's mother to testify at inquest today." February 20, 2013
"Federal prison system treated Ashley Smith as if she was a monster." February 19, 2013
Further Documents on Ashley Smith Case
February 14, 2013- Ashley Smith Inquest
Today, Julian Falconer's cross examination of correctional officer Gaetan Desrochers continues. Mr. Desrochers was one of the guards working on the morning of October 19, 2007, when Ashley died.
In the News
"Guards' testimony sheds a better light on Ashley Smith - and themselves." February 15, 2013
"Ashley Smith inquest: Guard felt ‘brainwashed’ about order to stay out of teen’s cell." February 13, 2103
"Ashley Smith inquest Officers’ actions puzzled outsider." February 11, 2013
Further Documents on Ashley Smith Case
February 6-7, 2013- Inquest in to the Deaths of Jethro Anderson, Curran Strang, Paul Panacheese, Robyn Harper, Reggie Bushie, Kyle Morriseau and Jordan Wabasse
The families of Paul Panacheese, Kyle Morisseau, Jordan Wabasse, and Jethro Anderson gathered in Thunder Bay for the Family Circle Support Conference, hosted by Nishnawbe Aski Nation (NAN) on February 6 and 7, 2013. The Family Circle Support Conference brought together representatives from NAN, Falconer Charney LLP, Aboriginal Legal Services Toronto, the Ontario Provincial Police, and the Coroner’s Office in order to provide information and support to the families of the youth who passed away while attending High School in Thunder Bay.
January 30, 2013- Truth and Reconciliation Commission
Today, Mr. Justice Goudge of the Ontario Court of Appeal released his decision on the Truth and Reconciliation Commission’s Court Reference on the scope of Canada’s production obligations under the Indian Residential Schools Settlement Agreement (IRSSA). The Court agreed with the TRC’s submission that Canada is required to produce all relevant documents from Federal Archives. The TRC was represented by Julian Falconer, Julian Roy and Meaghan Daniel.
Decision. January 30, 2013
TRC Press Release. January 30, 2013
In the News
"Ontario Regional Chief Welcomes Superior Court Decision Regarding Residential School Records." February 2, 2013
"Judge orders Ottawa to turn over files." January 31, 2013
"Ottawa Ordered by Courts to Provide All ‘Relevant’ Documents to the Truth and Reconciliation Commission." January 31, 2013
"Ottawa ordered to find and release millions of Indian residential school records." January 30, 2013
"Ottawa ordered to provide all residential schools documents." January 30, 2013
"Feds ordered by court to release residential school documents." January 30, 2013
"Government ordered to release residential schools documents." January 30, 2013
January 21, 2013- Ashley Smith Inquest
Ashley Left to Die: Disturbing evidence is being heard this week at the Coroner's Inquest from Correctional Officers who remained outside Ashley Smith’s cell as they watched her die from asphyxiation due to a ligature around her neck instead of immediately entering the cell and saving her life. Lawyers Julian Falconer and Meaghan Daniel conducted cross-examinations of the prison guards on behalf of the Smith Family. The proceedings are being webcast live and can be watched by clicking here.
In the News
"Guard paid hush money, avoided axe, Ashley Smith inquest told." January 29, 2013
"OpEd: Ashley's guard gets some redemption." January 30, 2013
"Ashley Smith ‘wasn’t a mean person,’ former guard testifies." January 29, 2013
"Prison bureaucracy added to nightmare faced by Ashley Smith." January 29, 2013
"Guard resigned after charges dropped in Ashley Smith's death." January 28, 2013
"Guard at first praised for saving Ashley Smith, inquest hears." January 28, 2013
"Guard allowed to resign after charges dropped in Ashley Smith’s choking death." January 28, 2013
Further Documents on Ashley Smith Case
January 14, 2013- Ashley Smith Inquest
The Inquest into the death of Ashley Smith commenced today before presiding Coroner, Dr. John Carlisle and five women jurors. Lawyers Julian Falconer, Julian Roy and Meaghan Daniel are representing the Smith Family at the Inquest. The Inquest is expected to take 6 - 8 months as over 100 witnesses will be called by Coroners Counsel, Jocelyn Speyer and Marg Creal.
The proceedings will be webcast and can be accessed by clicking here.
In the News
"Blatchford Guards couldn't search Ashley Smith." January 16, 2013
"Ashley Smith inquest finally underway a decade after teen’s fatal incarceration." January 15, 2013
"How could the tragic Ashley Smith case happen in Canada." January 15, 2013
"Lawyer hopes 2nd inquiry into Ashley Smith death finally answers some questions." January 14, 2013
"Ashley Smith coroner calls inquest a 'memorial' to teen." January 14, 2013
"Ashley Smith inquest legal fees have cost Ottawa $3.6 million at a minimum." January 13, 2013
"Ashley Smith coroner's jury to visit prison where teen died." January 13, 2013
Further Documents on Ashley Smith Case
January 11, 2013- Falconer Charney LLP Opens Northern Office
As part of Falconer Charney’s ongoing development of its Aboriginal law practice, we are pleased to announce the opening of offices in Thunder Bay, Ontario. The office is part of a shared-space arrangement with Nishnawbe Aski Nation and is conveniently located across from the new Thunder Bay Courthouse. Our new office is located at:
Falconer Charney LLP
101 North Syndicate Avenue, Suite 314
Thunder Bay, ON
P7C 3V4
Phone: (807) 623-4933
Toll Free: 1-800-465-9952
Fax: (807) 623-7730
January 6, 2012- Drennan Family Wins Cost Award
The Drennan Family recently won $16,970.57 in litigation costs in relation to their efforts to have Dr. Arlene King, Chief Medical Officer of Health, answer a summons to attend a cross examination.
Costs Decision. December 17, 2012
Further Documents on the Drennan Family's 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.
Video Highlights
"The Politics of Punishment: |
Kicking off Black History Month at the Westin Harbour: The Time is Now |
Awards and Recognition
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Named one of the 25 most influential lawyers in Canada |
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Recipient of Planet Africa Group's prestigious Marcus Garvey Award |
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Recipient of the Urban Alliance Race-Relations Medal |
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Recipient of Pride News Magazine's African Canadian Achievement Award |
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University of Alberta Alumni Honour Award for Community Contribution |
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University of Toronto Recognition: One of the 100 Most Notable Graduates of the 20th Century |
