Information has surfaced during Brain Injury Awareness Month (June) 2016 that indicates Toronto Judge
Mary Lynne Hogan has breached the Human Rights of a Severe Traumatic Brain Injury survivor
convicting him in October 2011 of a July 2010 assault the man claims he himself was the victim of,
without the man having an attorney to argue his case to the courts.
The victim claimed he was handled in a sexually inappropriate way by Toronto Police Officer
James Forcillo and 2 accompanying officers while attending 14 Division to provide a statement to police
about his being assaulted in July 2010 in his own home. The victim himself was then charged for Assault
With A Weapon. Once convicted of that assault in 2011 the victim says he decided his complaint of Officer
Forcillo’s behaviour had been rendered null and void, so he then tried alerting people of Hogan’s alleged
actions committed in Toronto’s Old City Hall courthouse in 2011. Judge Hogan disregarded the victim’s
rights as outlined in Section 7 of the Canadian Charter of Rights & Freedoms. She was aware of the
victim’s reduced mental capacity which was indicated by the victim himself, indicated by Toronto Police,
and detailed in numerous judicial and medical reports provided prior to her setting a date for his trial. He
stated that he was unable to retain an attorney for both financial and cognitive reasons, and had been
denied financial support by the Legal Aid Ontario. The relevant portion of Section 7 in the Canadian
Charter of Rights and Freedoms reads:
In R. v. Rowbotham, 1988 CanLII 147 (ON CA), the Ontario Court of Appeal found that Section 7 requires the
appointment of counsel for an accused facing a serious criminal charge, who is not capable of representing
himself and not financially able to retain counsel.
The victim contacted Barbara Butler of the Brain Injury Association of Canada (BIAC) asking them to
advocate for him in 2012, 2013 and 2014. The victim said “[she] kept saying [BIAC] couldn’t look at every complaint [TBI] Survivors make”. Barbara Butler was asked to speak to reports of her decision to repeatedly deny the victim assistance in any way, and in July 2016 she explained that it is not within the mandate of BIAC (now "Brain Injury Canada") to
advocate for survivors involved in such matters but rather it is the responsibility of the provincial Brain
Injury Associations. (the Ontario Brain Injury Association/OBIA in this case) On April 1st 2014, Advocacy
Specialist Katie Muirhead of the Ontario Brain Injury Association stated "it is not that they/we refuse to provide
advocacy, but that they do not have the capacity to do so". During a call in July 2016, she stated that she was
not authorized to speak with members of the press. Since the victims' conviction in 2011, the situation has not been remedied. Judge Hogan, who Canada pays over a quarter of a million dollars each year to administer justice and protect both vulnerable and regular members of Canadian society, was asked to explain the reason for her breach of the laws she’s
sworn to uphold. As of 6 PM July 20th 2016, neither Judge Hogan nor her representative have responded
with a requested statement speaking to these allegations.
Acquired/Traumatic Brain Injury (ABI/TBI) Survivors are known to confabulate and skew details of events when repeating them to others. However, it has been verified that the victim was indeed a TBI Survivor at the time of his conviction; it has been verified that Judge Hogan was indeed acutely aware of his medical status; and it has been verified that Judge Hogan did indeed at the very least allow the victim to represent himself in a court of law while facing what the courts deem “serious charges”.
These are the verified facts.
Article by Daniel A Betts