TLA programs take aim at firearm prosecution, Indigenous law

By Tony Poland, LegalMatters Staff • The Toronto Lawyers Association (TLA) is presenting two unique and timely educational programs in March, starting with The Gun Show and Tell before closing out the month with Indigenous Law and the Practical Realities. 

The Gun Show and Tell will be presented in the TLA lounge on March 22 from 5:30 to 7:30 p.m. followed by a mix and mingle. It will also be available via live stream. To register, click here.

“Over the last little while we have heard of more shootings, obviously in the United States. But Canada has had its fair share,” says Gun Show moderator John Navarrete, an Assistant Crown attorney with the Guns and Gangs Unit. “Those on the TLA Criminal Law Committee felt like we needed to address this issue. Gun issues and gun violence is constantly in the media and we should be educating people on it.”

He says the forum will appeal to both civil and criminal lawyers, explaining that the gun issue is not confined to criminal law.

“Before becoming a Crown, I was a defence attorney and would get inquiries from civil lawyers whose clients had guns they had inherited and didn’t know what to do with them,” he says. “So, the first portion of the discussion will address some of those basic issues.

‘There seems to be a vacuum there’

“Also, I have noticed there are some newer defence lawyers and Crowns missing some of the basics of firearm prosecution,” Navarrete tells LegalMattersCanada.ca. “There seems to be a vacuum there.”

Part one of the program is a basic firearm regulatory framework and includes:

• how to advise your client on legal firearm possession and legal issues arising from firearms ownership;
• how to turn over firearms to police and public safety issues that arise from mental health complaints, domestic assault complaints, etc; and
• the impact on legal firearm ownership.  

“The next part of the discussion deals with prosecution,” says Navarrete.  “That gets a little bit more into the nitty-gritty about some of the more common offences people are charged with. It will be more of the meat and potatoes of the presentation.”  

Part two covers:

• the most common offences, key sections and areas that cause difficulty;
• a brief legislative update;
• the impact of DNA and fingerprints or lack thereof on a prosecution; and
• examples of gun investigations. 

Participants will hear from weapons experts including Officer Matthew Passmore, the designated firearm analyst with the Toronto Police Services and Vincent Paris, general counsel, Guns and Gangs Unit, who Navarrete calls the “guru in the Crown’s office of all things firearms.”

Participants can examine seized guns

He says people will also get the chance to ask questions and examine guns seized by police following the presentation.

“Participants can touch guns and feel the weight of them,” says Navarrete. “Obviously there will be safety protocols in place but it will give people a sense of what is out there.”

The Indigenous Law and the Practical Realities forum is available on Zoom on March 30 from 5:30 to 7 p.m. To register, click here.

“It is definitely one of the topics at the forefront of people’s minds in the legal world right now,” says assistant Crown attorney Eadit Rokach, who will moderate the event. “This is not just a lecture on Indigenous law. It is not just about Gladue factors which require sentencing judges to consider systemic and background factors of the offender. We all know what Gladue says, but we also need to actually look at the realities of what is happening to Indigenous people in Canada.

“This is an on-the-ground examination of what is happening,” she adds. “We are going to be focusing on the hardships in rural communities for Indigenous people, what that means in terms of how they live and how all of that translates into issues later down the road, including in big urban centres.”

Rokach says that understanding is essential.

‘I don’t know if people realize just how bad it really is’

“Actually considering what is going on is important because if we don’t, we are almost talking about these issues in the abstract when we are in court,” she says. “There is plenty of talk about the challenges faced by Indigenous people, but I don’t know if people realize just how bad it really is. 

“We are looking to give people real-life scenarios. We hope those will help lawyers put forth information, documentation or evidence to the court about the background of the person, which is what the court wants.”  

According to the TLA, it is “vital that counsel educate themselves on the law in relation to Indigenous defendants.” 

A panel discussion will examine how to apply Indigenous law to the realities faced by Indigenous people.

The panel includes Ontario Court Justices Kate Doorly and André Chamberlain, who is Indigenous.

Panellists from the Ontario Attorney General’s Indigenous Justice Division include Sara Greenfield, acting legal director, and Caroline Jacobson, legal counsel.

Issue frequently arises in criminal law

“This is a very important topic and it frequently comes up in criminal law,” says Rokach. “Many people do not necessarily understand what Gladue factors really mean. They know it deals with the unique and systemic background factors of the Indigenous person. But what does that mean practically speaking? What is actually happening?”

“Participants will hear from people who know what they are talking about and who have experience in the courtroom as well,” she adds. “This program should give enough of a direction on what people should be doing when they have an Indigenous client. There will also be a question-and-answer period and we are hoping people are engaged and have specific questions that can really help all attendees.”

Opinions expressed by the moderators and panellists are theirs alone and not reflective of the Ministry of the Attorney General, the Government of Ontario or the Toronto Lawyers Association.

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