Part 2 – The Solicitor William Gilmour Lawyer Saga Continues In Brampton, Ontario. Ineffective Assistance Of Counsel? You decide.

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Today was a very bad day for you Bill Gilmour. Someone reported you for punching your 10 year old son in a mall parking lot and the police have arrived. Even though you explain that you represent the Peel Police department, and you just got their Chief acquitted of a contempt charge and working to get their colleagues acquitted of police brutality charges, the crowd insists that you be arrested. After all your son is less than half your size and weight. In fact you are a giant guy of 6’2” and 260 pounds at the time and can barely fit in the police car after they put handcuffs on you and take you to the police station jail to be processed. Child services is called to interview your son. Yes, August 14th, 2001 was a very bad day for Bill Gilmour who claims to be “the best connected criminal defense attorney in Toronto.”

But when you get to the station you ask to see a friend who gives you some advice and calms you down. You are just hoping this does not get to crime reporters at the Toronto Sun or you will lose half of your clients for sure. You will need a lawyer who the Brampton judges all know and like. You know them all yourself, but not all of them are your friends. You choose the right solicitor and he knows the schedule of the judges and knows how to shop for the right one.

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Meanwhile client X is wondering where you are. You had an appointment with him and you did not show up. You decide not to tell anyone about your arrest unless they mention they heard about it first. Surely X will have no way to know – he is still in maximum security lockdown after just receiving news the American government issued an extradition warrant but no indictment or charging documents.

biker_billThe police release you on your own recognizance and you immediately instruct your lawyer to work out a quick plea agreement to keep child services from filing more charges against you or opening an investigation. You are lucky to get seen by the right judge – a very good friend of your lawyer and you agree to get anger management counseling and surrender your firearms to the police if the adjudication is withheld and the court filed is sealed. The arrest record will still show up, but you figure nobody will ever know about it. You dodged a career-ending bullet. Now you won’t have to move to Windsor to start a new life after all. One day you will regret drinking too much and confessing all of the above along with your affair with a murder victim named Jeanette Kelly, and plans to cheat another client (Vic Richards) out of his patent worth over $20,000,000 to Client X. For now you are wondering how the FBI found out about your arrest and why they are calling you.  (Note: Vic Richards owns Big Brute Motorcycles in Mississauga)

In January of 2001, you arrange for a meeting with the FBI to meet Client X because you claimed they agreed to “make a deal” that would guarantee the freedom and protection of Client X if the feds got the information about murder victim Al Chalem that they wanted. You agree to record the 2 days of meetngs, but when 4 agents show up at Metro West Detention Center instead of the two you were expecting, you are called outside of the meeting room and talk privately with one of the agents after Client X already signed a proffer agreement that you said you would also sign as a witness. But after your private discussion with the FBI guy, you realize that if you remain as a witness, you will no longer be allowed to legally represent X and your billing (income) would come to an end. Perhaps the FBI didn’t want you present anyway. You decide to leave and scratch your name off of the proffer agreement. Ethics be damned – money is more important to you. You left your client alone with the interrogators and even took your digital recorder with you!

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You finally get around to visiting X and do not mention your “bad day at the office”. But by now you learned that X used Solicitor Marshal Drukarsh for the extradition bail hearings you promised the FBI you would be “unavailable” for. Madame Justice Garton is confused why Client X has a criminal attorney yet his Immigration lawyer is handling the bail hearings that set a record – 4 days of hearings. Luckily, Drukarsh was astute and identified 3 lies made by the Crown’s chief witness, a Toronto cop that finally admitted, all of his information was “second-hand” and originating from a single FBI agent who refused to come to Toronto and testify under oath. Client X was granted bail, yet he was still not released from maximum security custody. Days, and then weeks passed, and YOUR client X was still jailed. You told client X that his detention was an Immigration matter and you could do nothing.

But then you were informed by Client X that Immigration Canada Adjudicator William Willoughby decided that Client X was wrongly detained and issued him a “Voluntary Departure Order”. Yet days and weeks later he was still detained and demanding that you file a writ of habeas corpus. Tom Godfrey from the Toronto Sun and the New York Times called you to arrange an interview with Client X but you do nothing to arrange the interviews. Why? Client X was told to “voluntarily depart” Canada and Madame Justice Garton already granted bail weeks ago. Client X instructs you to file a writ of habeas corpus. Instead of following his instructions as the Code of Ethics and professional procedure dictates, you reply to X with this remark “There is no point in filing a habeas motion that no judge will agree to hear.” But yet you have the audacity to ask him for another payment.

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Client X now senses there is something wrong with you and files his own hand-written pro-se habeas corpus and sends it to the clerk of Superior Court. Within ten days Client X is standing before Chief Justice Patrick LeSage. The duty counsel and X wife are present along with the court reporter and a handful of law students. Client X is allowed to tell his story and mention his whistle-blowing history as a U.S. government law enforcement official and employee of American Financial Group. The judge indulges X and even hears about the murders of Al Chalem, Pierre Gonyou, Cliff Baxter, and Scotty Galin.   After one hour, the Judge has only three questions for the Crown…

  1. Did this man make any false statements just now before me?
  2. Do you have any charges pending in Canada or any indictment against this man?
  3. Why is he being jailed at this time?

The first two questions were answered with two “No”s and the Crown’s reply to the last question was “I really don’t know.” Your client X offered to take a polygraph exam to the Chief Justice who replied “That won’t be necessary. I have read your motion and your exhibits and have no reason to disbelieve you. I will look into this situation tomorrow and I will continue this matter until next week. Hopefully we will not have to meet again.”

Within five days Client X, without any assistance from you Solicitor Gilmour was finally released from 10.5 months of illegal maximum security detention after suddenly getting an “Emergency Hearing” from Immigration Canada. At least Chief Justice Lesage is a man of integrity.

To Be Continued…

 

The above comments are solely those of the author and he speaks for no other third party. The above is factual information related to case no E-19-00 in the Superior Court of Ontario. All comments above are submitted in accordance with the freedom of speech provision of the Charter Rights without prejudice nor malice in the interests of true justice, legal reform, and public awareness. Details of these matters can be found in the actual complaint filed with the law society at http://bruceslawsocietycomplaint.wordpress.com. Like 95% of all law society complaints, this one was also dismissed, but not a single 1 of 19 eye and/or expert witnesses were ever contacted/interviewed by the Law Society and the victim was never provided the name of the investigator (if there really was one) nor a copy of any related report, nor instructions on how to appeal the decision to dismiss. The exhibits in the above complaint speak for themselves. The author attempted to file a police report against solicitor William Gilmour in 2008 but the Peel Police Department whom he represents refused to process it. Background on Client X can be found at http://whyunclesamhatesbruce.blogspot.com To see how the Law Society handled/mishandled the complaint against this solicitor you can visit this link below. There is no way of knowing how many other people have filed complaints against Mr. Gilmour because the Law Society simply won’t tell you. http://lawsocietyofuppercanada.wordpress.com

Under-the-table transactions...