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Justices of the peace use retirement to dodge disciplinary hearings

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Less than a month before he was set to face a discipline hearing for allegedly making racist remarks about Indigenous people in court, Kenora Justice of the Peace Robert McNally retired.

As a result, the public hearing into his case scheduled for this month was scrapped, as the law does not allow for the disciplining of retired justices of the peace and provincial court judges.

Critics say it’s time for that to change, and to bring the system closer in line with other bodies that maintain jurisdiction for discipline over retired professionals, such as the College of Physicians and Surgeons of Ontario.

“There is a public interest in judicial oversight bodies retaining jurisdiction to investigate complaints and make appropriate findings against judicial officers even when they retire or resign,” said Michael Lacy, president of the Criminal Lawyers’ Association, one of the organizations that had complained about McNally to the Justices of the Peace Review Council.

“Although sanctions might be limited in such a case, there is value in allowing hearings to proceed. It would provide an opportunity for the judicial officer to answer the complaint and potentially clear his or her name in the face of a serious allegation,” Lacy said.

Judges and justices of the peace have also retired while their cases were being investigated by council complaints committees; in those circumstances, their names are kept secret and only a summary of the complaint against them is published in the councils’ annual reports.

Justices of the peace earn about $132,000 a year, and are appointed by the provincial government. Dressed in black robes and green sashes, they conduct bail hearings, sign off on search warrants and preside over trials in provincial offences court, which deals with non-criminal matters. Provincial court judges are also appointed by the Ontario government and earn about $290,000.

As first reported by the Star, McNally was alleged to have made racist remarks in bail court in August 2017 to lawyer Shannon McDunnough, who is Mi’kmaq. After making a joke about late British comedian Benny Hill, McNally wondered aloud if anyone even knew who Hill was. When McDunnough said she did, a court transcript says McNally responded, “Your ancestors probably scalped him or something.”

McNally, who was appointed in 1993, also faced allegations of judicial misconduct for allegedly acting in a manner that was “rude, dismissive, confrontational, condescending, impatient and sarcastic” in other cases, including allegedly making “inappropriate and gratuitous comments” to a female duty counsel.

Now that the hearing in his case has been cancelled, the allegations remain unproven and the complainants against him are left disillusioned.

“I can’t talk about the specifics of my client, but I can certainly point out that he was interested in fully defending himself when all of this arose almost two years ago,” McNally’s lawyer, Howard Rubel, told the Star. “Suffice it to say that he’s in his mid 70s and mandatory retirement is at 75.”

While recognizing that retirement may be appropriate in some cases, there are others — such as McNally’s — that should proceed for the sake of transparency and accountability, said Mary Bird, area director of Nishnawbe-Aski Legal Services, another organization that complained about McNally.

Cancelling public hearings due to retirement “does not increase the public’s confidence in the administration of justice,” Bird said. “People don’t get to walk simply by saying ‘Oh, I’m going to retire,’ but apparently justices of the peace do.”

The law on disciplining judicial officers in Ontario applies only to sitting judges and justices of the peace, said Marilyn King, who is the registrar of both the Justices of the Peace Review Council and the Ontario Judicial Council.

“Unlike some legislation governing other bodies, neither the Courts of Justice Act or the Justices of the Peace Act contain any provisions that authorize proceeding or imposing dispositions when a person is a former judge or former justice of the peace,” King said.

The law sets out a number of potential penalties for a judge or justice of the peace who has been found guilty of judicial misconduct, including a warning, reprimand, an order to take additional training, paid or unpaid suspension, or a recommendation to the attorney general that the person be removed from office.

Granting power to the two councils to discipline retired jurists would require a change in legislation, something the government is not interested in doing. “Once a judicial official has left office, taking further action would not be an effective use of justice system resources,” said Ministry of the Attorney General spokesman Brian Gray.

University of Toronto law professor Kent Roach disagrees.

“I think from the complainants’ perspective and the public’s perspective there may be an ongoing interest, and frankly from the perspective of other judges and justices of the peace so that they know what is appropriate and inappropriate behaviour,” he said.

Since January 2015, three other justices of the peace have retired before facing discipline hearings:

  • Alfred “Budd” Johnston retired in 2018 before a discipline hearing for alleged courtroom behaviour described as “condescending, sarcastic, bullying and mocking” toward a self-represented defendant. In 2014, Johnston was suspended without pay for seven days for dismissing 68 traffic cases because a prosecutor was 71 seconds late. At that time, his lawyer told the discipline panel that Johnston intended to retire in the summer of 2015.

Robert Whittaker retired in March 2015, just 10 days before a scheduled discipline hearing regarding allegations that he showed a lack of understanding to people with mental illnesses and had preconceived notions of Somalis. The review council recommended reimbursing Whittaker about $4,600 in public funds to cover part of his legal costs.

Santino Spadafora retired for a second and final time in January 2015 prior to facing a discipline hearing for allegations that he falsified more than 600 expense claims for meals, hotels, highway tolls and mileage for court dates in the Niagara region, totalling more than $16,000. Spadafora was originally supposed to face a hearing in November 2014, but retired, which led to the hearing being cancelled. Days later, he withdrew his offer to retire, which led to the hearing being rescheduled for January 2015, at which point he retired again. Then-attorney general Madeleine Meilleur accepted a review council recommendation to reimburse Spadafora $14,600 in legal costs.

Jacques Gallant is a Toronto-based reporter covering legal affairs. Follow him on Twitter: @JacquesGallant

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Nostalgia and much more with Starburst XXXtreme

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Get a taste of adventure with Starburst XXXtreme based on the legendary NetEnt Game. The nostalgic themes are sure to capture fans of the classic version as they get treated to higher intensity, better visuals, and features. The most significant element of the game is its volatility. Patience will not be an essential virtue considering the insane gameplay, and there is a lot of win potential involved. It retains the original makeup of the previous game while adding a healthy dose of adrenaline. 

Starburst Visuals and Symbols

The game is definitely more conspicuous than before. The setting happens over a 5-reel, 3-row game grid with nine fixed win lines, which function if a succession from the left to the right reel is present. Only those players that that attain the highest win per bet line are paid. From a visual standpoint, the Starburst XXXtreme slots illustrates lightning effects behind the reels, which is not surprising as it is inherited from the original version. Available themes include Classic, Jewels, and Space. The game is also available in both desktop and mobile versions, which is advantageous for players considering the global pandemic. According to Techguide, American gamers are increasingly having more engaging gaming experiences to socialize to fill the gap of in-person interaction. Starburst XXXtreme allows them to fill the social void at a time when there is so much time to be had indoors. 

Starburst XXXTreme Features

Players get to alternate on three features which are Starburst Wilds, XXXtreme Spins, and Random Wilds. The first appears on reels 2,3, or 4. When these land, they expand to cover all positions while also calculating the wins. They are also locked for a respin. If a new one hits, it also becomes locked while awarding another respin. Starburst XXXtreme offers a choice between two scenarios for a higher stake. In one scenario with a ten times stake, the Starburst Wild is set on random on reels 2,3, or 4, and a multiplier starts the respin. The second scenario, which has a 95 times stake, starts with two guaranteed starburst wilds on reels 2,3, or 4. it also plays out using respin game sequence and features. The game also increases the potential with the Random Wilds feature to add Starburst Wilds to a vacant reel at the end of a spin. Every Starburst Wild gives a random multiplier with potential wins of x2, x3, x5, x10, x25, x50, x100, or even x150.

The new feature is sure to be a big hit with the gaming market as online gambling has shown significant growth during the lockdown. AdAge indicates the current casino customer base is an estimated one in five Americans, so Starburst XXXtreme’s additional features will achieve considerable popularity. 

What We Think About The Game

The gambling market has continued to diversify post-pandemic, so it is one of the most opportune times to release an online casino-based game. Thankfully Starburst XXXtreme features eye-catching visuals, including the jewels and space themes. These attract audience participation and make the gameplay inviting. The game also has a nostalgic edge. The previous NetEnt iteration featured similar visuals and gameplay, so the audience has some familiarity with it. The producers have revamped this version by tweaking the features to improve the volatility and engagement. 

That is characterized by the potential win cap of 200,000 times the bet. Starburst XXXtreme does not just give betting alternatives for players that want to go big. The increase of multipliers also provides a great experience. If the respins in the previous version were great, knowing that multipliers can go hundreds of times overtakes the game to a new level. 

Players should get excited about this offering. All of the features can be triggered within a single spin. Whether one plays the standard game or takes the XXXtreme spin route, it is possible to activate all of the features. Of course, the potential 200,000 times potential is a huge carrot. However, the bet size is probably going to be restricted and vary depending on the casino. It is also worth pointing out that a malfunction during the gameplay will void all of the payouts and progress. Overall, the game itself has been designed to provide a capped win of 200,000 times the original bet. 

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Anglais

‘We’re back’: Montreal festival promoters happy to return but looking to next year

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In downtown Montreal, it’s festival season.

In the city’s entertainment district, a musical act was conducting a sound check on stage Friday evening — the second day of the French-language version of the renowned Just For Laughs comedy festival. Tickets for many of the festival’s free outdoor shows — limited by COVID-19 regulations — were sold out.

Two blocks away, more than 100 people were watching an acoustic performance by the Isaac Neto Trio — part of the last weekend of the Festival International Nuits d’Afrique, a celebration of music from the African continent and the African diaspora.

With COVID-19 restrictions continuing to limit capacity, festival organizers say they’re glad to be back but looking forward to next year when they hope border restrictions and capacity limits won’t affect their plans.

Charles Décarie, Just For Laughs’ CEO and president, said this is a “transition year.”

“Even though we have major constraints from the public health group in Montreal, we’ve managed to design a festival that can navigate through those constraints,” Décarie said.

The French-language Juste pour rire festival began on July 15 and is followed by the English-language festival until July 31.

When planning began in February and March, Décarie said, organizers came up with a variety of scenarios for different crowd sizes, ranging from no spectators to 50 per cent of usual capacity.

“You’ve got to build scenarios,” he said. “You do have to plan a little bit more than usual because you have to have alternatives.”

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Anglais

MELS new major movie studio to be built in Montreal

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MONTREAL — MELS Studios will build a new film studio in Montreal, filling some of the gap in supply to meet the demand of Hollywood productions.

MELS president Martin Carrier said on Friday that MELS 4 studio construction will begin « as soon as possible », either in the fall or winter of next year. The studio could host productions as early as spring 2023.

The total investment for the project is $76 million, with the Quebec government contributing a $25 million loan. The project will create 110 jobs, according to the company.

The TVA Group subsidiary’s project will enable it to stand out « even more » internationally, according to Quebecor president and CEO Pierre Karl Péladeau. In the past, MELS Studios has hosted several major productions, including chapters of the X-Men franchise. The next Transformers movie is shooting this summer in Montreal.

Péladeau insisted that local cultural productions would also benefit from the new facility, adding that the studio ensures foreign revenues and to showcase talent and maintain an industry of Quebec producers.

STUDIO SHORTAGE

The film industry is cramped in Montreal.

According to a report published last May by the Bureau du cinéma et de la télévision du Québec (BCTQ), there is a shortage of nearly 400,000 square feet of studio space.

With the addition of MELS 4, which will be 160,000 square feet, the company is filling part of the gap.

Carrier admitted that he has had to turn down contracts because of the lack of space, representing missed opportunities of « tens of millions of dollars, not only for MELS, but also for the Quebec economy. »

« Montreal’s expertise is in high demand, » said Montreal Mayor Valérie Plante, who was present at the announcement.

She said she received great testimonials from « Netflix, Disney, HBO and company » during an economic mission to Los Angeles in 2019.

« What stands out is that they love Montreal because of its expertise, knowledge and beauty. We need more space, like MELS 4, » she said.

There is still not enough capacity in Quebec, acknowledged Minister of Finance, the Economy and Innovation Eric Girard.

« It is certain that the government is concerned about fairness and balance, so if other requests come in, we will study them with the same seriousness as we have studied this one, » he said.

Grandé Studios is the second-largest player in the industry. Last May, the company said it had expansion plans that should begin in 2022. Investissement Québec and Bell are minority shareholders in the company.

For its part, MELS will have 400,000 square feet of production space once MELS 4 is completed. The company employs 450 people in Quebec and offers a range of services including studio and equipment rentals, image and sound postproduction, visual effects and a virtual production platform.

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