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	<title>A. Cameron Ward Barristers and Solicitors</title>
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	<link>http://www.cameronward.com</link>
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		<title>Dave Eby the clear choice in Point Grey</title>
		<link>http://www.cameronward.com/2013/05/dave-eby-the-clear-choice-in-point-grey/</link>
		<comments>http://www.cameronward.com/2013/05/dave-eby-the-clear-choice-in-point-grey/#comments</comments>
		<pubDate>Mon, 13 May 2013 14:18:26 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[Opinion]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2702</guid>
		<description><![CDATA[The other day, a friend of mine who lives in Vancouver Point Grey said he was conflicted about who to vote for in the provincial election.  I don&#8217;t live there, but if I did, the choice would be clear.  I have met Christy Clark, and she is certainly personable enough, but NDP challenger David Eby [...]]]></description>
			<content:encoded><![CDATA[<p><img class="aligncenter size-full wp-image-2704" title="david-eby" src="http://www.cameronward.com/wp-content/uploads/2013/05/david-eby.jpg" alt="" width="300" height="246" /></p>
<p>The other day, a friend of mine who lives in Vancouver Point Grey said he was conflicted about who to vote for in the provincial election.  I don&#8217;t live there, but if I did, the choice would be clear.  I have met Christy Clark, and she is certainly personable enough, but NDP challenger David Eby stands head and shoulders above her, literally and figuratively.  Dave is smart, principled and hard-working.  He has entered politics to further his burning desire to make a positive difference in real people&#8217;s lives.  There is no doubt in my mind that David Eby will be a better member of the Legislative Assembly than Ms. Clark has ever been, and, if given the chance, will make sound decisions that will be best for everyone,  whether they reside in the poorest or the wealthiest neighborhoods of this province.  A vote for David Eby will not be wasted and will never be regretted.</p>
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		<title>Attorney General not required to be a lawyer: Court of Appeal</title>
		<link>http://www.cameronward.com/2013/05/attorney-general-not-required-to-be-a-lawyer-court-of-appeal/</link>
		<comments>http://www.cameronward.com/2013/05/attorney-general-not-required-to-be-a-lawyer-court-of-appeal/#comments</comments>
		<pubDate>Wed, 08 May 2013 15:00:39 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[News]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2696</guid>
		<description><![CDATA[On May 7, 2013, the Court of Appeal delivered oral reasons for judgment dismissing an appeal from a lower court ruling that the province&#8217;s Attorney General is not required to be a lawyer.  We had earlier appeared as counsel for the Appellant, Lesslie Askin, and argued that British Columbia law displaced any royal prerogative that may [...]]]></description>
			<content:encoded><![CDATA[<p>On May 7, 2013, the Court of Appeal delivered oral reasons for judgment dismissing an appeal from a <a href="http://www.courts.gov.bc.ca/jdb-txt/SC/12/08/2012BCSC0895.htm">lower court ruling</a> that the province&#8217;s Attorney General is not required to be a lawyer.  We had earlier appeared as counsel for the Appellant, Lesslie Askin, and argued that British Columbia law displaced any royal prerogative that may have enabled the Crown to appoint anyone it chooses to the position.  The Court of Appeal decided that the four provincial statutes we relied upon, the <em>Constitution Act</em>, the <em>Attorney General Act</em>, the <em>Queen&#8217;s Counsel Act</em> and the <em>Legal Profession Act</em> did not expressly state or necessarily imply that the Attorney General needs legal qualifications to perform her duties.</p>
<p>Lawyers hired by the Law Society of British Columbia took the lead role in opposing the appeal, supported by counsel for the Attorney General herself.  The transcript of the Court of Appeal&#8217;s decision should be available in about two weeks.  Ms. Askin has 60 days to file an application for leave to appeal the decision to the Supreme Court of Canada.</p>
<p>Incidentally, the Honourable Shirley Bond is the fourth Attorney General in the history of British Columbia who has lacked legal education or training.  Since Confederation, the only federal lay Attorney General was the Honourable Joe Clark, who briefly served as Acting Attorney General in the 1980&#8242;s.  For over five hundred years, lawyers have served as Attorneys General in England.</p>
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		<title>Election endorsements</title>
		<link>http://www.cameronward.com/2013/04/election-endorsements/</link>
		<comments>http://www.cameronward.com/2013/04/election-endorsements/#comments</comments>
		<pubDate>Tue, 30 Apr 2013 18:49:09 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[Opinion]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2691</guid>
		<description><![CDATA[I am of the view that it is in the public interest to have some lawyers sitting in the Legislature since it is, after all, the province&#8217;s law-making body.  I know each of the following candidates &#8211; David Eby, Jim Hanson, Leonard Krog and Andrew Wilkinson (listed in alphabetical order) &#8211; and can endorse each [...]]]></description>
			<content:encoded><![CDATA[<p>I am of the view that it is in the public interest to have some lawyers sitting in the Legislature since it is, after all, the province&#8217;s law-making body.  I know each of the following candidates &#8211; David Eby, Jim Hanson, Leonard Krog and Andrew Wilkinson (listed in alphabetical order) &#8211; and can endorse each of them as worthy of receiving your vote.</p>
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		<title>SCC hears important police case</title>
		<link>http://www.cameronward.com/2013/04/scc-hears-important-police-case/</link>
		<comments>http://www.cameronward.com/2013/04/scc-hears-important-police-case/#comments</comments>
		<pubDate>Sat, 20 Apr 2013 00:38:26 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[Opinion]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2687</guid>
		<description><![CDATA[The Supreme Court of Canada heard arguments today in the case of Wood v. Schaeffer et al.  The case is summarized here and involves the police practice of having their notes vetted by legal counsel before releasing them to Ontario&#8217;s SIU, the body that investigates police conduct causing death or serious injury.  With any luck, Canada&#8217;s [...]]]></description>
			<content:encoded><![CDATA[<p>The Supreme Court of Canada heard arguments today in the case of <em>Wood v. Schaeffer</em> et al.  The case is summarized <a href="http://www.scc-csc.gc.ca/case-dossier/cms-sgd/sum-som-eng.aspx?cas=34621">here</a> and involves the police practice of having their notes vetted by legal counsel before releasing them to Ontario&#8217;s SIU, the body that investigates police conduct causing death or serious injury.  With any luck, Canada&#8217;s highest court will uphold the judgment of the Ontario Court of Appeal and put a stop to this practice.</p>
<p>The situation in British Columbia is similar, if not worse.  For example, when Jeffrey Berg was beaten and kicked to death by a Vancouver police officer in October of 2000, the homicide was investigated by his VPD colleagues.  The officer who killed Mr. Berg, along with the two other officers who were present when it happened, all visited the same lawyer after the incident, producing similar typed statements weeks later.  This deplorable practice has to stop if there is to be any measure of justice for the families of victims involved in these tragedies.</p>
<p>That is not to say there has been no improvement in this province.  We now have the Independent Investigation Office (IIO) so police-involved fatalities are no longer investigated by the police themselves.  The IIO has intervened in today&#8217;s appeal hearing, hoping that the Supreme Court&#8217;s decision establishes uniform national standards in this area.  We expect that judgment will be reserved and a decision rendered at a later date.</p>
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		<title>Court releases another interlocutory decision in Ivan Henry case</title>
		<link>http://www.cameronward.com/2013/04/court-releases-another-interlocutory-decision-in-ivan-henry-case/</link>
		<comments>http://www.cameronward.com/2013/04/court-releases-another-interlocutory-decision-in-ivan-henry-case/#comments</comments>
		<pubDate>Fri, 19 Apr 2013 21:49:04 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[News]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2682</guid>
		<description><![CDATA[The Supreme Court of British Columbia released this judgment in Ivan Henry&#8217;s civil case today.  The decision is latest in a series of procedural issues that have been dealt with as Mr. Henry&#8217;s case proceeds towards a trial date schediuled to begin in September of 2014.  Mr. Henry is seeking compensation from the governments of [...]]]></description>
			<content:encoded><![CDATA[<p>The Supreme Court of British Columbia released this <a href="http://www.courts.gov.bc.ca/jdb-txt/SC/13/06/2013BCSC0665.htm">judgment</a> in Ivan Henry&#8217;s civil case today.  The decision is latest in a series of procedural issues that have been dealt with as Mr. Henry&#8217;s case proceeds towards a trial date schediuled to begin in September of 2014.  Mr. Henry is seeking compensation from the governments of Canada and British Columbia, as well as the Vancouver police officers responsible for the investigation that led to his conviction and imprisonment some thirty years ago.  His convictions were <a href="http://www.courts.gov.bc.ca/jdb-txt/CA/10/04/2010BCCA0462.htm">overturned</a> by the British Columbia Court of Appeal on October 27, 2010.</p>
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		<title>CTV News: Ivan Henry waits for justice&#8230;</title>
		<link>http://www.cameronward.com/2013/02/ctv-news-ivan-henry-waits-for-justice/</link>
		<comments>http://www.cameronward.com/2013/02/ctv-news-ivan-henry-waits-for-justice/#comments</comments>
		<pubDate>Mon, 18 Feb 2013 18:23:21 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[Opinion]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2675</guid>
		<description><![CDATA[In a recent CTV News story, BC&#8217;s Minister of Justice Shirley Bond told CTV&#8217;s Jon Woodward that &#8220;there is every intention to provide redress&#8221; to our client Ivan Henry. Mr. Henry was acquitted of ten counts of sexual assault by the British Columbia Court of Appeal on October 27, 2010 after spending more than 27 [...]]]></description>
			<content:encoded><![CDATA[<p>In a recent <a href="http://www.ctvnews.ca/video?clipId=866531&amp;playlistId=1.1159312&amp;binId=1.810401&amp;playlistPageNum=1">CTV News story</a>, BC&#8217;s Minister of Justice Shirley Bond told CTV&#8217;s Jon Woodward that &#8220;there is every intention to provide redress&#8221; to our client Ivan Henry.</p>
<p>Mr. Henry was acquitted of ten counts of sexual assault by the British Columbia Court of Appeal on October 27, 2010 after spending more than 27 years in jail. Mr. Justice Low of the Court of Appeal<a href="http://www.courts.gov.bc.ca/jdb-txt/CA/10/04/2010BCCA0462.htm"> wrote</a>:</p>
<div>&#8221; The process of identification was polluted so as to render in-court identification of the appellant on each count highly questionable and unreliable on the reasonable doubt standard. I consider the verdicts to be unsafe.</div>
<div>In my opinion, the verdict on each count was not one that a properly instructed jury acting judicially could reasonably have rendered.&#8221;</div>
<div>The government paid nothing to Mr. Henry to compensate him for his wrongful conviction. Consequently, on June 28, 2011 we filed a Notice of Civil Claim in the Supreme Court of British Columbia, naming the Attorneys General of BC and Canada as defendants, as well as the Vancouver police who had been involved in the investigation of the crimes. At a case management conference on January 22, 2013, Mr. Justice Goepel directed that the civil trial, estimated to last 12 weeks, would commence September 8, 2014.</div>
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		<title>Diamond Jubilee medals for sale on eBay</title>
		<link>http://www.cameronward.com/2013/02/diamond-jubilee-medals-for-sale-on-ebay/</link>
		<comments>http://www.cameronward.com/2013/02/diamond-jubilee-medals-for-sale-on-ebay/#comments</comments>
		<pubDate>Wed, 13 Feb 2013 19:28:13 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[Opinion]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2662</guid>
		<description><![CDATA[More than a half a million Queen Elizabeth II Diamond Jubilee medals were minted to commemorate the 60th anniversary of the monarch&#8217;s reign, with 60,000 of those handed out to deserving Canadians.  If you weren&#8217;t one of the worthy recipients, not to worry.  At least nine are being offered for sale on eBay today by an Ottawa area [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_2671" class="wp-caption aligncenter" style="width: 581px"><img class="size-large wp-image-2671" title="$(KGrHqJ,!k4FCRhc)uO(BQ1fW8Hlgw~~60_3" src="http://www.cameronward.com/wp-content/uploads/2013/02/KGrHqJk4FCRhcuOBQ1fW8Hlgw60_3-571x660.jpg" alt="" width="571" height="660" /><p class="wp-caption-text">Add your name here...</p></div>
<p>More than a half a million Queen Elizabeth II Diamond Jubilee medals were minted to commemorate the 60th anniversary of the monarch&#8217;s reign, with 60,000 of those handed out to deserving Canadians.  If you weren&#8217;t one of the worthy recipients, not to worry.  At least nine are being <a href="http://www.ebay.ca/itm/Canada-Queen-Elizabeth-II-Diamond-Jubilee-Full-Size-Miniature-Medals-Framed-/390516742281?pt=LH_DefaultDomain_2&amp;hash=item5aec9c9889">offered</a> for sale on eBay today by an Ottawa area retailer called &#8220;Militaria Express&#8221;.  There is no indication whether any of the trinkets came from disgraced Sen. Patrick Brazeau&#8217;s personal allotment. </p>
<p>Each Canadian Senator and MP was given 30 medals to distribute as he or she saw fit.  The rest, almost 50,000 in total, were delivered to others to allocate, including the Canadian Forces (11,000), the RCMP (2,300), municipalities (4,000) and various non-governmental organizations (10,000).  These <a href="http://www.gg.ca/document.aspx?id=14300">NGOs</a> include the Monarchist League of Canada, REAL Women of Canada and the Canadian Cattlemen&#8217;s Association, to name but a few.</p>
<p>I don&#8217;t always find myself in agreement with Toronto Sun columnist Warren Kinsella, but it is hard to dispute his recent <a href="http://www.torontosun.com/2013/02/08/queens-diamond-jubilee-medals-a-fiasco">assessment</a> that the award process is a &#8220;fiasco&#8221;, a &#8220;joke&#8221;, a &#8220;disgrace&#8221; and a &#8220;scandal&#8230;deserving of further investigation&#8221;.</p>
<p>If you really want one of these baubles, I suggest waiting awhile&#8230;the current $180 asking price on eBay may well come down.</p>
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		<title>The wheels of justice can turn quickly, just not here</title>
		<link>http://www.cameronward.com/2013/02/the-wheels-of-justice-can-turn-quickly-just-not-here/</link>
		<comments>http://www.cameronward.com/2013/02/the-wheels-of-justice-can-turn-quickly-just-not-here/#comments</comments>
		<pubDate>Tue, 05 Feb 2013 19:17:12 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[Opinion]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2654</guid>
		<description><![CDATA[The criminal trial of five men accused of murder, rape and kidnapping in a notorious case began today in New Delhi.  It is noteworthy that less than two months have elapsed since the horrific incident, which occurred on December 16, 2012.  A similar case here in British Columbia would take at least two years, not two months, to [...]]]></description>
			<content:encoded><![CDATA[<p>The criminal trial of five men accused of murder, rape and kidnapping in a notorious case <a href="http://www.telegraph.co.uk/news/worldnews/asia/india/9850023/India-gang-rape-attack-beating-victim-vows-he-will-go-to-any-lengths-to-see-justice.html">began today </a>in New Delhi.  It is noteworthy that less than two months have elapsed since the horrific incident, which occurred on December 16, 2012.  A similar case here in British Columbia would take at least two years, not two months, to get to trial.</p>
<p>Our criminal justice system isn&#8217;t necessarily better than India&#8217;s, but it certainly is slower.</p>
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		<title>Appeal in police beating of innocent man begins today</title>
		<link>http://www.cameronward.com/2013/01/appeal-in-police-beating-of-innocent-man-begins-today/</link>
		<comments>http://www.cameronward.com/2013/01/appeal-in-police-beating-of-innocent-man-begins-today/#comments</comments>
		<pubDate>Wed, 30 Jan 2013 17:58:55 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Opinion]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2645</guid>
		<description><![CDATA[The Police Complaint Commissioner&#8217;s appeal of the lower court decision quashing a public hearing into the complaint concerning the conduct of two Vancouver police officers begins today.  VPD constables Nicholas Florkow and Bryan London were responding to a complaint in the early morning hours of January 21, 2010 when they went to the wrong address.  [...]]]></description>
			<content:encoded><![CDATA[<p>The Police Complaint Commissioner&#8217;s appeal of the lower court <a href="http://www.courts.gov.bc.ca/jdb-txt/SC/12/01/2012BCSC0126.htm">decision</a> quashing a public hearing into the complaint concerning the conduct of two Vancouver police officers begins today.  VPD constables Nicholas Florkow and Bryan London were responding to a complaint in the early morning hours of January 21, 2010 when they went to the wrong address.  They awakened resident Yao Wei Wu, then 44, from his slumber and badly injured him after he opened the door.  We acted as counsel for Mr. Wu in his civil action for damages for assault and battery, which was settled last year just before it went to trial.  However, we are playing no role in the current proceedings, as it has been <a href="http://www.courts.gov.bc.ca/jdb-txt/ca/06/02/2006bcca0225err2.htm">established</a> that the complainant (victim) in such cases has no standing to enable counsel to participate in the hearing on his or her behalf.</p>
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		<title>What happened in Champlain Heights on December 30, 2012?</title>
		<link>http://www.cameronward.com/2013/01/what-happened-in-champlain-heights-on-december-30-2012/</link>
		<comments>http://www.cameronward.com/2013/01/what-happened-in-champlain-heights-on-december-30-2012/#comments</comments>
		<pubDate>Wed, 30 Jan 2013 17:01:29 +0000</pubDate>
		<dc:creator>Cameron Ward</dc:creator>
				<category><![CDATA[Opinion]]></category>

		<guid isPermaLink="false">http://www.cameronward.com/?p=2638</guid>
		<description><![CDATA[An unidentified man apparently remains in hospital as a result of injuries sustained while members of the Vancouver Police Department &#8220;attempted to subdue&#8221; him a month ago.  The circumstances of this matter, which ought to concern members of the public, remain mysterious and neither the VPD nor the Independent Investigations Office (the new provincial agency [...]]]></description>
			<content:encoded><![CDATA[<p>An unidentified man apparently remains in hospital as a result of injuries sustained while members of the Vancouver Police Department &#8220;attempted to subdue&#8221; him a month ago.  The circumstances of this matter, which ought to concern members of the public, remain mysterious and neither the VPD nor the Independent Investigations Office (the new provincial agency created to investigate incidents of serious harm arising from police involvement) is saying anything.  A cryptic IIO news release from January 15, 2013 raises more questions than it answers:</p>
<p>&#8220;At approximately 11:30 AM on Dec. 30, 2012, the VPD attended a residence in response to a complaint.  Once there, officers located a 26 year old male who was reportedly distressed and exhibiting aggressive behaviour.  Police attempted to subdue the man in order to transport him to hospital.  During the altercation with officers, the man sustained injuries and was admitted to hospital where he remains.</p>
<p>The IIO was notified at 12:30 PM on Dec. 31, 2012.  At that time, the extent of the man’s injuries was not clear. Over the following days, IIO investigative staff met with the affected person’s family and medical team to determine if his injuries met the statutory definition of “serious harm”.</p>
<p>On Jan. 10, 2013, upon further review of the information, the Chief Civilian Director asserted jurisdiction.  Eleven IIO staff have been assigned including the Senior Investigator, Affected Persons who will provide support to the man and his family&#8230;..No further information is available at this time.&#8221;</p>
<p>&#8230;..</p>
<p>Who is this man?  Has he been charged with any offence?  Was he breaking any law when he was &#8220;subdued&#8221;?  Is he still in hospital today, a full month later?  What are his injuries?  Why did the VPD wait thirteen hours to report the matter to the IIO, when the law requires &#8220;immediate&#8221; notification?</p>
<p>The police are accountable to the public, at least in theory.  The public deserves a full accounting in this serious matter and we deserve it now.  The IIO was never intended to be something the police could use to cloak their actions in secrecy.  If that is what is going to happen, we need to revisit its very existence.</p>
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