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The shame of the Law Society of Ontario | Gary Joseph

Posted byDennis Reeve 31 October 202331 October 2023

https://www.law360.ca/articles/52041/the-shame-of-the-law-society-of-ontario-gary-joseph

Posted byDennis Reeve31 October 202331 October 2023Posted inUncategorized

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This Justice of the Peace lost her $165,000 per annum salary, retirement and benefits over getting involved in her son’s $85 and 3 demerit point traffic ticket. And she thinks there was nothing wrong with her conduct.
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IRONICALLY THE LEGALIZATION OF CANNABIS HAS LED TO MORE INTRUSIVE SEARCH POWERS BY POLICE – “In Ontario, the transportation of marijuana is governed by the Cannabis Control Act, which allows the police, in the absence of any suspected criminal activity, to search any vehicle and all its occupants (if they believe that “any cannabis is contained in the vehicle” and it is “readily available to any person in the vehicle.”) It can’t be understated just how broad the new police search powers are – we are talking about searching anywhere in the vehicle, including the trunk, and all passengers and their belongings, down to the deep pockets, makeup bags, and yes, even bras. So, here’s the big question: if the purpose of the Cannabis Control Act is to make sure drivers don’t have access to cannabis while driving, what’s the deal with searching the vehicle’s trunk? It doesn’t quite add up.” And it gets worse …

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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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