Criminal Defence Law Blog

PLEASE, GOD, NOT THE LAWYERS!

Posted bywpengine 4 December 2019

Posted bywpengine4 December 2019Posted inUncategorized

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IT IS A LEGAL ERROR TO CONNECT CREDIBILITY TO AN INTEREST IN SEX – This much should be clear to a Judge however the problem lies that now very few criminal trials are conducted at the Superior Court level and as such many of those judges do not have a lot of experience in conducting and navigating through difficult criminal trials.

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IT IS CLEAR THAT THE AMERICAN ATTITUDE TOWARDS US HAS HARDENED AT THE BORDER – “If they just think you’re being sneaky, that’s all it takes,” to be given a 5-year ban. I wonder if it will get worse after the Trudeau video at NATO today.

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Credit also has to be given to JAMES LOCKYER for his tireless advocacy over many years to bring this to fruition.
Lawyers in England are refusing to represent some people because their legal aid system is insufficient to maintain a viable practice. The legal aid system in Ontario is similarly perpetually on the brink.
Since 1982 accused persons have had the right to a trial within a reasonable time. We’ve had the Askov, Morin and now the Jordan cases of the Supreme Court of Canada trying to ensure that right, with only limited success. So now the courts are stacking cases on top of other cases on their daily trial lists that have no possibility of being reached for trial on that date.
JUSTICE DELAYED IS JUSTICE DENIED – Every person charged with a criminal offence has the constitutional right to have their trial held within a reasonable time. Our Supreme Court has twice attempted to define what is reasonable through the cases of Askov and Jordan. The result has been decades of hundreds of cases being “stayed” from proceeding due to delay and further delays caused by the complex application procedures required to assert that right. Nothing has changed. Simply demanding that the trial process proceed expeditiously doesn’t work.
WHO IS RESPONSIBLE FOR OUR BAIL SYSTEM? – The federal government enacts the criminal code. The province applies it. The province builds and owns the courts. The province hires the Judges, the Justices of the Peace, the Crown Attorneys and court staff.

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