Patrick Ducharme

The applicant sought directions from the Superior Court after an Assessment Officer determined he lacked jurisdiction to conduct a solicitor-client assessment.

The order for assessment had been obtained from a registrar outside the 30-day time limit prescribed by section 3(b) of the Solicitors Act.

The court held that while statutory timelines in the Solicitors Act can be treated as flexible standards, the applicant's failure to cure the jurisdictional defect despite being alerted to it years earlier prejudiced the respondents.

The court confirmed the assessment procedure was a nullity and awarded costs to the self-represented respondents.

Five police officers were convicted of attempting to obstruct justice, and three of them were also convicted of perjury, arising from a warrantless search of a drug suspect's apartment and subsequent false memo book entries and testimony to conceal the timing of the search.

The Crown sought penitentiary sentences of three to four years, while the defence sought non-custodial sentences.

The court considered the serious breach of trust and the need for denunciation and deterrence, but also weighed significant mitigating factors, including the catastrophic impact of the prolonged 14-year investigation and proceedings on the officers' lives, careers, and health.

The court concluded that a penitentiary term was not warranted and imposed a 45-day conditional sentence (house arrest) for each offender.