Saturday, April 12, 2008

Shakespeare's Henry VI - "The first thing we do, let's kill all the lawyers."

Anonymous has left a new comment on your post, "Is the Smith Inquiry casting a shadow over this trial?

Please Mr. Pieuk if you could publish this on your website...the man is a lawyer to watch our for.

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Case 96-23: PAUL FREDERICK LASKO, Winnipeg Manitoba

Called to the Bar: June 25, 1976

Particulars of Charges: Professional Misconduct (1 count) - misleading client

Date of Hearing: September 26, 1996

Panel: Gregory Brodsky, Q.C. (Chair); Patrick Riley; Victory Bellay

Disposition: Reprimand; $1,881.98 costs

Counsel
S.F. Vincent For The Law Society of Manitoba; B. Krawchuk, Q.C. for the member
_____________________________________________

Misleading Client
_____________________________________________
Facts Mr. Lasko appeared before the Discipline Committee on September 26, 1996. Mr. Lasko represented a client on a summary conviction appeal. The client was unable to attend the appeal. Mr. Lasko did not attend Court at the scheduled time. As a result, the appeal was dismissed.

The client called Mr. Lasko to inquire as to the outcome of the appeal. Mr. Lasko advised his client that her appeal had been dismissed because she was not present and the judge required that she be present in Court. The client obtained a transcript of the appeal hearing and learned that her appeal had been dismissed because Mr. Lasko was not present.

The client complained to the Law Society that Mr. Lasko had failed to appear and that he fabricated a story about what took place in Court. Mr. Lasko immediately acknowledged to the Law Society that he did lead his client to believe that her appeal was dismissed because she could not attend and not because he had confused the time set for the appeal.

Decision and Comments

Mr. Lasko pled guilty to the charge and the Committee accepted that there was professional misconduct. The Committee took into account that Mr. Lasko did appear in Court late and unsuccessfully requested the judge to hear the appeal after it had been dismissed. The Committee also took into account that Mr. Lasko offered to attempt to rectify the situation and apply to the Court for a re-hearing of the appeal which offer was declined by his client.

Penalty

The Committee imposed a reprimand. It also noted that Mr. Lasko did not indicate a plea of guilty to the Citation at the first opportunity and ordered him to pay the full costs of the prosecution pursuant to Rule 64(7) in the sum of $1,881.98.
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Dear Anonymous:

Thank you for writing. We went to the Law Society of Manitoba's webpage and sure enough there it was - www.lawsociety.mb.ca/case_digests/case

_digest_96_23.htm.

Here's an "interesting" site you may wish to check out www.ishmael.ca/LEGAL-INJUSTICE.html. It's hosted by a former client who apparently has had some seriously bad experiences with two of his past lawyers Remi Smith and David Langtry. He also seems to have significant issues with Provincial Court Judge Lynn Stannard as well.

Both Smith and Langtry are lawyers no longer practising, albeit for very different reasons. Remi Smith was convicted on several Law Society complaints and, if memory serves correctly, about ten years ago agreed to surrender his license. If you were to look on the Law Society site, you likely could find his records of hearings as well.

David Langtry left the practice of law to go into provincial Progressive Conservative politics, first as a candidate and political strategist, then as Chief of Staff to former PC Leader Stuart Murray. About two years ago he was appointed Chair of the Canadian Human Rights Commission by the Harper government. No idea what Langtry's doing now. As an aside, while researching the CHRC website looking for the name of its current Chair (not listed) found this:

Little Right With This Commission (Margaret Wente, Globe and Mail May 17, 2001)

Irony is in the air. According to its own staff, the Canadian Human Rights Commission is a hotbed of discrimination and unfairness. Morale is in the sewer. The men complain that the workplace is biased in favour of women, and vice versa. People are leaving in droves. Chief commissioner Michelle Falardeau-Ramsay isn't even on the scene. She's off in Indonesia at the moment, advising on abuses in East Timor.

One of the commission's senior lawyers says that Canada's premier rights body has lost its "moral authority" and needs a complete overhaul (he was promptly suspended). Meantime, John Hucker, the bureaucrat who runs the place, says the problems have been overblown. He blames open-concept offices for some of the grumpiness.

It's not just the staff who should be grumpy. The CHRC was set up in 1978 to provide victims of real discrimination with faster relief than they could get in court. A great idea. But today, it is out of step with the attitudes and beliefs of most Canadians. In the great scheme of government, its budget is small change. But it has cost the public billions.

The biggest price tag was the $3.5-billion settlement it engineered for women in government jobs, based on the extremely fuzzy concept of equal pay for "work of equal value." Many people applauded. But in the end, a quarter of the beneficiaries were men. The biggest back-pay windfalls went to women earning $70,000 or more. And, even before the settlement, women in these jobs had significantly better pay, pensions and job security than women with the same jobs in the private sector.

Is there a problem here? The chief commissioner says there is. The problem is that the CHRC lacks the power to quickly impose these deals on everyone else. As the commission lobbies to increase its power, it is exploring new frontiers in human rights. For example, it has ordered a tribunal to hear the case of Synthia Kavanagh, a jailed transsexual who has lodged a complaint against the prison system. (S)he argues that she should be sent to a women's prison and provided with sex-change surgery.

Another hearing is weighing a complaint against Statistics Canada for failing to ask inclusive questions about gay, lesbian and bisexual people in the 1996 census (a lapse it rectified in the current census). The complainants say that Statscan wilfully "misrepresented the population of heterosexual people, relationships, and families in Canada."

The rights of the disabled are also important, as they should be. No one can object to better access for people in wheelchairs, or better accommodation for the blind or hard of hearing. But the human-rights commission's definition of disabilities is remarkably expansive. For example, it has ordered a hearing into the complaint of a man named Vernon Crouse, whose employer, Canada Steamship Lines, fired him for being a drunk. He claims the company discriminated against him on account of his disability - i.e. alcohol dependency.

In another case, a civil servant who flunked her French exam complained, and won, because she is dyslexic. Another tribunal is hearing the case of a woman who alleges that her employer discriminated against her because it wouldn't let her work from home. She suffers from an unspecified condition "that is aggravated when she reports to the workplace."

It's not hard to conclude that the people at the Human Rights Commission are blissfully innocent of the world in which most people live and work. In fact, all of the commissioners have spent their careers in the public sector, as bureaucrats or labour lawyers or rights advocates.

Ms. Falardeau-Ramsay has been in government service since 1975. She is the scourge of the military brass, whom she regularly berates for not meeting their gender hiring targets. There are even targets for women in combat units, despite mounting evidence that women don't want to be in combat units. Whenever she speaks, the generals apologize, and promise to do better.

Now the commission is lobbying for the rights of HIV-positive foreigners. They should be allowed to immigrate to Canada (even though we already bar people with other infectious diseases). HIV-positive applicants, it says, "should not be excluded as a group based on stereotypical presumptions about their possible health in five to 10 years."

It's not just the commission's world view that's out of touch. Over the years, Canada's Auditor-General and various federal court judges have been sharply critical of its sloppy procedures, long delays in turning over cases, its poor grasp of the law, and its dual role as both prosecutor and judge.

"It's an abuse and a waste of taxpayers' money," said Eddie Taylor, the senior lawyer who spoke out of turn last week. He couldn't be more right.

First stumbled upon Ishmael's site about two years ago, and, although it is tempting to dismiss this man as paranoid - which is likely true - he is a broader symptom of what is wrong with the legal system. Whatever happened between him and these two lawyers, he has clearly sought remedies, first from the Law Society and then the courts, and he has obviously found the system totally closed. It is not right that this man doesn't at least get his day in court. We don't necessarily lend credence to the incredible allegations contained on his site, but it is very easy to understand his frustration at having been shut out.

Sincerely,
Clare L. Pieuk

1 Comments:

Anonymous Anonymous said...

NO I WAS NOT THE MAN MISLED BY PAUL LASKO IN THIS CASE BUT I HAVE BAD EXPERIENCES WITH HIM....HE LIED TO ME JUST LIKE HE LIED TO THE OTHER PERSON...............I TRIED TO GO TO THE LAW SOCIETY TO TELL THEM BUT THEY DIDNT CASER TO LISTEN. HE IS REALLY A BAD MAN AND THIS IS THE ONLY THING I CAN DO TO TELL PEOPLE WHAT KIND OF MAN THIS IS.

8:20 AM  

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