David Paciocco
Encyclopedia
David M. Paciocco is a judge of the Ontario Court of Justice
, formerly a professor at the University of Ottawa
assigned to the common law
Section.
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
.” In June 2005, Paciocco was nominated to receive an Honorary Doctorate from Laurentian University
.
(SCC), the Federal Court of Appeal and provincial courts of appeal. 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.”
In December 2006, The University of Ottawa Library Catalogue showed the availability of twelve publications by David M. Paciocco. His publications and research, afformentioned, have been widely used. For example, as the author of numerous articles on the law of evidence, 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. The book is famous for its prevailing theme, which is based on the question; "Does the probative
value outweigh its prejudicial impact?"
, effective August 24, 2011. He sits in Ottawa
.
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."
Ontario Court of Justice
The Ontario Court of Justice is a Provincial Court for the Canadian province of Ontario. This court oversees matters relating to family law and criminal law....
, formerly a professor at the University of Ottawa
University of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...
assigned to the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
Section.
Since 1982 he has taught at the Faculty of Law classes pertaining to Evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
, Criminal Law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, and Trusts. From 1981 - 1982 he taught at the University of Windsor
University of Windsor
The University of Windsor is a public comprehensive and research university in Windsor, Ontario, Canada. It is Canada's southernmost university. It has a student population of approximately 15,000 full-time and part-time undergraduate students and over 1000 graduate students...
“and as a Visiting Lecturer at the University of Auckland
University of Auckland
The University of Auckland is a university located in Auckland, New Zealand. It is the largest university in the country and the highest ranked in the 2011 QS World University Rankings, having been ranked worldwide...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
in 1989 - 90. He has worked as an Assistant Crown Attorney
Crown attorney
Crown Attorneys or Crown Counsel are the prosecutors in the legal system of Canada.Crown Attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code of Canada...
, and as a criminal defence counsel, doing appellate advocacy
Advocacy
Advocacy is a political process by an individual or a large group which normally aims to influence public-policy and resource allocation decisions within political, economic, and social systems and institutions; it may be motivated from moral, ethical or faith principles or simply to protect an...
.” In June 2005, Paciocco was nominated to receive an Honorary Doctorate from Laurentian University
Laurentian University
Laurentian University , was incorporated on March 28, 1960, is a mid-sized bilingual university in Greater Sudbury, Ontario, Canada....
.
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." 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 CanadaSupreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
(SCC), the Federal Court of Appeal and provincial courts of appeal. 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.”
In December 2006, The University of Ottawa Library Catalogue showed the availability of twelve publications by David M. Paciocco. His publications and research, afformentioned, have been widely used. For example, as the author of numerous articles on the law of evidence, 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. The book is famous for its prevailing theme, which is based on the question; "Does the probative
Probative
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove."...
value outweigh its prejudicial impact?"
Judicial Appointment
Paciocco was appointed a judge of the Ontario Court of JusticeOntario Court of Justice
The Ontario Court of Justice is a Provincial Court for the Canadian province of Ontario. This court oversees matters relating to family law and criminal law....
, effective August 24, 2011. He sits in Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
.
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. "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."Commenting to reporters in November 2001 on the new Bill-C36
Canadian Anti-Terrorism Act
The Canadian Anti-Terrorism Act was passed by the Liberal government of Canada in response to the September 11, 2001, attacks in the United States. It received Royal Assent on December 18, 2001, as Bill C-36. The "omnibus" bill extends the powers of government and institutions within the Canadian...
, the anti-terrorism legislation
Anti-terrorism legislation
Anti-terrorism legislation designs various types of laws passed in the aim of fighting terrorism. They usually, if not always, follow specific bombings or assassinations...
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."
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.
External links
- Search from zoominfo with articles on Paciocco
- Research and trials with Paciocco
- Book review of Paciocco’s “Getting away with murder”
- Campbell, Colin. Q&A with law professor David Paciocco, on the Anti-terrorism Act. 2006-06-07, Macleans.ca, Accessed 2006-12-31.
- Publisher IRWIN Law
- Réseau de bibliothèques Library Network Catalogue, (Url to a list of books by Paciocco that are available at the University of Ottawa.)