JULIAN N. FALCONER, Falconers LLP
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Bio – Honours – Publications – Lectures – Committees
Bio
Julian Falconer holds degrees from the University of Alberta, McGill University, and the University of Toronto in addition to an Honorary Doctor of Laws from the University of Guelph-Humber. He is the principal of Falconers LLP with offices in Toronto, Thunder Bay and Little Current (Manitoulin) and a Bencher of the Law Society of Ontario. Mr. Falconer has also written extensively on issues of race and civil liberties, and co-authored the book, the Annotated Coroners Act.
Falconers LLP Activities
With his partner, Asha James, and a talented team of senior and junior associates, the firm’s work focuses on state accountability and the relationship between Canadians and Indigenous nations. The firm has been counsel on matters related to prisoner rights, police accountability, and human rights. Specifically, the firm’s work has included the representation of Maher Arar, who made Canadian legal history in receiving the largest human rights settlement allotted to an individual plaintiff; the family of Ashley Smith, the 19 year who died in custody at Grand Valley Federal Penitentiary; and Adam Nobody and the “Free Press Four” in relation to their unlawful beatings and arrests during the G20 summit in Toronto.
More recently, with the firm’s expansion from Southern Ontario into the North, the work has expanded to focus on Indigenous-side representation on matters including child welfare, education, equitable service provision, and community governance, always focusing on the unique remedies required for reconciliation. This work includes representation on the Inquest into the deaths of Seven Youth in Thunder Bay, and as Counsel for the Truth and Reconciliation Commission of Canada over a five year period in respect of document collection litigation.
Falconers LLP also provides extensive legal support in the area of Indigenous policing. Currently, Falconers acts for the Nishnawbe Aski Police Service (NAPS), the largest Indigenous police service by number in Canada; the Treaty Three Police Service (T3PS), and the Wiikwemkoong Tribal Police Service (WTPS). Over the last three years, Falconers LLP has been providing the legal support to both political and technical tables in negotiations with Canada and Ontario towards a ground-breaking legislative framework for the delivery and quality control of policing services to Northern remote communities. This work culminated in the introduction of Bill 175 which reflects, for the first time, an option for First Nations to have the benefit of policing with legislated quality controls and funding while maintaining the cultural identity of the particular police service. The groundbreaking measures in Bill 175 have been reproduced in the Comprehensive Ontario Police Services Act, as Bill 68 which was recently passed in the provincial legislature. Falconers LLP also offers police services board training on the roles and responsibilities of its members as it relates to a board’s oversight function of the service. This training has most recently been provided to the T3PSB.As a result of the tireless advocacy of First Nation leadership and the family of Stacy DeBungee, supported by Falconers LLP, the Ontario Independent Police Review Director (OIPRD) launched a systemic review into the Thunder Bay Police Service (TBPS), and the Ontario Civilian Police Commission (OCPC) commenced its own investigation into the TBPS Board. Both the OIPRD and Senator Sinclair on behalf of the OCPC recently released unprecedented reports finding systemic racism throughout the TBPS and Board, and even recommending the extraordinary step of the appointment of an administrator to oversee the actions of the Board.
Julian is also a pilot with over 1600 hours in the air. With the addition of “Falconair”, the firm not only represents individual First Nations in the remote North, but also provides a new level of access to justice by flying to them, visiting and engaging in the communities, and building new relationships.
Honours
Named one of the 25 most influential lawyers in Canada →
• Honored by the Canadian Association of Black Lawyers (CABL) for his Distinguished Public Service →
• University of Guelph-Humber conferred the degree of Doctor of Laws, honoris causa, on Julian Falconer at Convocation ceremonies, in recognition of his work in social justice.
UNIVERSITY OF GUELPH-HUMBER, JUNE 16, 2014
• The Black Business Professionals Association (BBPA) named Julian Falconer a recipient of the Distinguished Men of Honour Award.
TORONTO, ONTARIO, MARCH 27, 2012
• Julian Falconer received the 2011 Community Builder Award from Tropicana Community Services at the 2011 Caribbean Ball.
TORONTO, ONTARIO, JUNE 4, 2011
• Julian Falconer was honoured by The University of Toronto’s University Advancement division at the Black History Month Luncheon on February 25, 2011 for his accomplishments in law and human rights.
U OF T: UNIVERSITY ADVANCEMENT DIVISION, February 24, 2011
• Honored by Planet Africa Group with the prestigious Marcus Garvey Award →
• Selected as one of University of Toronto’s 100 most notable graduates of the twentieth century
• Pride Magazine’s African-Canadian Achievement Award
• The Vision of Justice Award (Black Law Students Association-Canada)
• Urban Alliance Race-Relations Medal →
• Recognized in Who’s Who in Black Canada 2, Black Success and Black Excellence in Canada, A Contemporary Directory, D.P. Williams & Associates 2007
Publications
Civil Liability of Police Services to Members of Public , prepared for Police Law Conference, 2010
Civil Remedies for Internal Disputes, prepared for Police Law Conference, 2010
Annotated Coroners Act, 2008/2009, Julian N. Falconer and Peter Pliszka, Butterworths, Updated 2008.
The five W’s of litigating issues of race, prepared for Crown Liability Conference, 2008.
State Misconduct: A Continuum of Accountability, Honoring Social Justice, 2008
The Anti-Terrorist Act and the Arar Finding-Democracy protected or Democracy Eroded, National Journal of Constitutional Law, 2006-2007
Hufsky v. The Queen and Leave in Ladouceur: What’s Left?, The Criminal Law Quarterly, Volume 30, Number 4, September 1988, Canada Law Book
The Alert Demand and the Right to Counsel: “The Problem With Talbourdet”, The Criminal Law Quarterly, Volume 28, Number 3, June 1986, Canada Law Book Inc.
The Justice System: Is it Serving or Failing Minorities?, Current Readings in Race Relations, Volume 8, No. 2, Urban Alliance on Race Relations
Litigating Race in the Criminal Courts, Boyle, Christine et al, The Law of Evidence, Fact Finding, Fairness, and Advocacy, Edmond Montgomery Publications Limited, Toronto, Canada
The Criminal Law Quarterly, Volume 30, Number 4, September 1988, Canada Law Book, “Hufsky v. The Queen and Leave in Ladouceur: What’s Left?”
The Criminal Law Quarterly, Volume 28, Number 3, June 1986, Canada Law Book Inc., The Alert Demand and the Right to Counsel: “The Problem With Talbourdet”
Currents, Readings in Race Relations, Volume 8, No. 2, The Justice System: Is it Serving or Failing Minorities?, Urban Alliance on Race Relations
Boyle, Christine et al, The Law of Evidence, Fact Finding, Fairness, and Advocacy, “Litigating Race in the Criminal Courts” Edmond Montgomery Publications Limited, Toronto, Canada
Lectures/Speaking Engagements
Julian has been invited to address a wide variety of participants in the justice system. The following are some of the organizations he has addressed:
University of Alberta, Faculty of Law
Dalhousie University, Faculty of Law
University of Toronto, Faculty of Law
University of Windsor, Faculty of Law
York University, Osgoode Hall Law School
Osgoode Hall Professional Development Program, LLM
The Advocates’ Society Lecture Series
American Bar Association
Black Law Students’ Association
The Canadian Institute
Canadian Police Executive Training
Canadian Association for Civilian Oversight of Law Enforcement
Continuing Legal Education Program (Osgoode Hall)
Criminal Lawyers’ Association
Federal Department of Justice – Annual Prosecution Seminar
The Jane Finch Concerned Citizens Organization
Law Commission of Canada
Law Society of Upper Canada
Ontario Bar Association
Ontario Conference of Judges – Ontario Court of Justice
Ontario Institute for Studies in Education
Parkdale Community Legal Services
The Empire Club
The Police Association of Ontario
Ryerson Polytenic University – Social Sciences
Speakers Series for the Court of Appeal Law Clerks
Society of Ontario Adjudicators and Regulators
Toronto Police Service (Sex Crimes Unit)
Toronto School Administrators Association
Committees (Past and Present)
Co-chair, Equity and Aboriginal Issues Committee
Vice-Chair, Task Force addressing Challenges Faced by Racialized Licensees.
Legal Aid Ontario, Criminal Law Advisory Committee
Co-Chair (with Chief Bill Blair, Toronto Police Service), Saving Lives Implementation Group
Co-Chair, The Conference on Alternatives to the Use of Lethal Force by Police
Co-Chair, CBAO, Constitutional and Civil Liberties Section
Director’s Resource Committee for the Special Investigations Unit
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