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David M. Paciocco
OccupationProfessor in law

David M. Paciocco (LL.B. (U.W.O.), B.C.L. (Oxon.), LL.D. (Hon., Laurentian), of the Bar of Ontario, Full Professor)[1] is a judge of the Ontario Court of Justice, formerly a professor at the University of Ottawa assigned to the common law Section.[2] Since 1982 he has taught at the Faculty of Law classes pertaining to Evidence, Criminal Law, and Trusts. From 1981 - 1982 he taught at the University of Windsor “and as a Visiting Lecturer at the University of Auckland, New Zealand in 1989 - 90. He has worked as an Assistant Crown Attorney, and as a criminal defence counsel, doing appellate advocacy.”[1] In June 2005, Paciocco was nominated to receive an Honorary Doctorate from Laurentian University.[3]

Work

Tainted-blood scandal

David Paciocco was a member of the legal team defending the Red Cross in its 1980s tainted-blood scandal. The incident stretched over three decades and was marked by lawsuits, a royal commission of inquiry, and the transformation of the Canadian blood supply system. David was quoted saying "that tragic events sometimes lead to changes in the law."[4] He also was part of the defense team in the trial of Larry O'Brien the Mayor of Ottawa.

Use of publications and research

Paciocco's work and research is cited in the Supreme Court of Canada (SCC), the Federal Court of Appeal and provincial courts of appeal.[5] In particular, in the SCC 2005 trial of R. v Spencer, Paciocco's work was cited for its “distinction between “adjudicative facts” (the where, when and why of what the accused is alleged to have done), “social facts” and “legislative facts” which have relevance to the reasoning process and may involve broad considerations of policy.”[6] In December 2006, The University of Ottawa Library Catalogue showed the availability of twelve publications by David M. Paciocco.[7] His publications and research, aforementioned, have been widely used. For example, as the author of numerous articles on the law of evidence,[8] his works are used for educational purposes and in court trials. These publications specialize mostly in Canadian law, such as The law of evidence which is used in Canadian colleges and university.[9] The book is famous for its prevailing theme, which is based on the question; "Does the probative value outweigh its prejudicial impact?"[10]

Ontario Ombudsman contracts

In June and July 2010, the Toronto Star published two articles reporting that that over his 12 years as the Ontario Ombudsman and Ombudsman for the Canadian Military, Marin awarded consulting contracts worth almost a quarter of a million dollars to Ottawa law professor David Paciocco.[11][12]At the time, Marin’s salary was at $215,000.[13] The articles cited federal documents showing $84,000 was paid to Paciocco between 2001 and 2005 and $141,000 after 2005. The Star described Paciocco as Marin's "good friend" (although Marin's office said they had no personal relationship) and cited unnamed sources alleging that Paciocco was hired to "spice up" Marin's reports (while Marin's office said he was hired for his legal expertise, for which tendering is not required). The Star quoted comments that Paciocco made about Marin in a speech at a public dinner the previous year:

I have known him since he was a boy’s head sticking out of a man’s suit. I have known and worked with André Marin for more some 20 years - which happens to be his entire professional career... I like to think that Andre fancied me as something of his mentor.[11][12]

The Star articles were the subject of complaints to the Ontario Press Council by Paciocco and Marin, who disputed many of the allegations from the Star's unnamed sources and argued that the articles were unbalanced. In its January 2011 decision,[14] the Press Council noted that it was not in a position to determine whether or not the facts in the articles were correct, but it upheld Paciocco's complaint and aspects of Marin's, stating that the articles gave "greater prominence to the allegations against Mr. Marin than to his denials," [15]and that "the vague assertions by an anonymous source, the excerpts from a speech given by Mr. Paciocco and the results of the Star’s subsequent investigation into the fees paid to Mr. Paciocco do not justify the derogatory inferences that the two stories contain."[16] The Council also noted "the strong and uncontradicted response from both Marin and Paciocco that the relationship was professional only and that it was quite appropriate for Mr. Marin to retain Mr. Paciocco for his acknowledged expertise."[17][18]

Judicial Appointment

Paciocco was appointed a judge of the Ontario Court of Justice, effective August 24, 2011. He sits in Ottawa.

Philosophical and/or political views

David Paciocco expressed concern on the willingness of Canadians to allow "random police searches" and the "indefinite detention" for suspected terrorists.[19] "Once these powers are given to authorities, they cannot be controlled," he said. "The public tends not to understand the importance of civil liberties until they need them." [20] Commenting to reporters in November 2001 on the new Bill-C36, the anti-terrorism legislation in Canada, Paciocco did not fully support the law stating "police already have the power to arrest someone they believe may be contemplating a criminal act... it's "quite a stretch" to justify an arrest because the accused is dressed the same way as someone else who has already broken the law."[21]

Publications

  • Paciocco, David M. Criminal law and procedure Supplementary materials 2006
  • Paciocco, David M. Trusts Supplementary readings II 2004
  • Paciocco, David M. Getting away with murder : the Canadian criminal justice system 1999
  • Paciocco, David M. Trusts Supplementary readings and materials 1999
  • Paciocco, David M. The law of evidence : supplementary materials professor D M Paciocco 1996
  • Paciocco, David M. Charter principles and proof in criminal cases 1987
  • Paciocco, David M., Stuesser, Lee. The law of evidence 2005
  • Paciocco, David M., Stuesser, Lee. The law of evidence 2002
  • Paciocco, David M., Stuesser, Lee. The law of evidence 1999
  • Paciocco, David M., Stuesser, Lee. The law of evidence 1996
  • Simmonds, R. L. (. L. )., Stewart, G. R. (. R. )., Paciocco, David M. and Abella, Rosalie S. (. S. Study paper on wrongful interference with goods 1989
  • Tanovich, David M., Paciocco, David M. and Skurka, Steven. Jury selection in criminal trials : skills, science and the law.[7]

Notes and references

  1. ^ a b ‘’David M Paciocco.’’ Ottawa : University of Ottawa - Section de common law - Common Law Section, http://www.commonlaw.uottawa.ca/index.php?option=com_contact&task=view&contact_id=51&lang=en, Accessed 2006-12-30.
  2. ^ ‘’Employee Directory.’’ Last Updated: 2005-04-13, Ottawa : University of Ottawa, https://web.uottawa.ca/uopr/WPN011?jobs=1&key=4608&lang=EN, Accessed 2006-12-30.
  3. ^ Proulx, Eric ‘’ Congratulations to Professor Paciocco who will be receiving an Honorary Doctorate’’ Ottawa : University of Ottawa - Section de common law - Common Law Section, http://www.commonlaw.uottawa.ca/index.php?option=com_content&task=view&id=294&contact_id=102&lang=en, Accessed 2006-12-30.
  4. ^ Trudeau-Reeves, Françoise. Tabaret : The Magazine of the University of Ottawa, Fall 2005, The Right to Justice, Tabaret Magazine, (Web link), Accessed 2007-03-24.
  5. ^ Proulx, Eric, ‘’+Paciocco, David.’’ Ottawa : University of Ottawa - Section de common law - Common Law Section, http://www.commonlaw.uottawa.ca/index.php?option=com_content&task=view&id=1969&Itemid=329, Accessed 2006-12-31.
  6. ^ ‘’R. v. Spence, 2005 3 S.C.R. 458, 2005 SCC 71 (CanLII)’’ Last Updated: 2005-12-02, CanLII - Canadian Legal Institute, Section 58, http://www.canlii.org/ca/cas/scc/2005/2005scc71.html, Accessed 2006-12-31.
  7. ^ a b ‘’Réseau de bibliothèques Library Network Catalogue’’, uOttawa, http://orbis.uottawa.ca/search/a, (Search for author,Paciocco, David M.), http://orbis.uottawa.ca/search/a?SEARCH=Paciocco%2C+David+M., Accessed 2006-12-30.
  8. ^ Paciocco, David M. & Stuesser, Lee. The law of evidence. IRWIN Law Inc., Third Edition, 2002, p.494
  9. ^ Algonquin College - School of part-time studies, ‘’Course Outline - OnCourse - Evidence and Advocacy: Course 5037.’’ Class of May 2006, For further information see Web Services - Algonquin College of Applied Arts and Technology, http://extraweb.algonquincollege.com/current_catalogue/courseDetail.aspx?id=LAW5037&, Accessed 2006-12-30 (Course Outline)
  10. ^ Paciocco, David M., Stuesser, Lee. ‘’The law of evidence.’’ IRWIN Law Inc., Third Edition, 2002, Chapter. 2, (Exclusionary discretion).
  11. ^ a b Bruser, David (July 11, 2010). "André Marin gave contracts to friend starting in 2001". Toronto Star. Retrieved 18 February 2015.
  12. ^ a b Welsh, Moira; Bruser, David (June 3, 2010). [www.thestar.com/news/ontario/2010/06/03/marins_mentor_got_plum_contracts.html "Marin's Mentor got Plum Contracts"]. Toronto Star. Retrieved 18 February 2015. {{cite news}}: Check |url= value (help)
  13. ^ "Public Sector Salary Disclosure 2011 (Disclosure for 2010) : Legislative Assembly and Ofices". Ontario Ministry of Finance. Retrieved 18 February 2015.
  14. ^ http://www.thestar.com/news/gta/2011/01/21/press_council_rules_on_complaint_against_star.html
  15. ^ http://www.thestar.com/news/gta/2011/01/21/press_council_rules_on_complaint_against_star.html
  16. ^ http://www.thestar.com/news/gta/2011/01/21/press_council_rules_on_complaint_against_star.html
  17. ^ http://www.thestar.com/news/gta/2011/01/21/press_council_rules_on_complaint_against_star.html
  18. ^ http://ontpress.com/past-decisions/
  19. ^ 80 per cent would back national ID cards Canadians willing to be fingerprinted, say terrorist threats outweigh freedoms. Globe And Mail, Toronto, October 6, 2001, Internet web address cached and republished by Zoom Information Inc.,<http://www.zoominfo.com/people/Paciocco_David_24890605.aspx>, Accessed January 11th 2007.
  20. ^ Leblanc, Daniel. 80 per cent would back national ID cards Canadians willing to be fingerprinted, say terrorist threats outweigh freedoms. Globe And Mail, Toronto, October 6, 2001, Ottawa, Internet web address cached and republished by Zoom Information Inc.,<http://cache.zoominfo.com/cachedpage/?archive_id=0&page_id=1173633563&page_url=%2f%2fwww.nwointelligence.com%2fLIBCAN.HTM&page_last_updated=7%2f7%2f2005+10%3a26%3a16+PM&firstName=David&lastName=Paciocco>, Accessed January 11th 2007.
  21. ^ Riley, Susan. A sunset clause won't prevent police abuses under Bill C-36. The Ottawa Citizen. November 22, 2001, Internet web news article cached and republished by Zoom Information Inc.,<http://cache.zoominfo.com/cachedpage/?archive_id=0&page_id=1173633563&page_url=%2f%2fwww.nwointelligence.com%2fLIBCAN.HTM&page_last_updated=7%2f7%2f2005+10%3a26%3a16+PM&firstName=David&lastName=Paciocco>, Accessed January 11th 2007.

See also

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