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ALTHOUGH WE HOLD THE PRINCIPLE THAT A PRIMARY PURPOSE OF OUR JAILS IS REFORMATION AND REHABILITATION, THE TRUTH IS, IT IS NOT.

Posted byDennis Reeve 4 December 20234 December 2023

https://www.law360.ca/articles/53059/judge-deems-accused-product-of-our-criminal-and-correctional-services-john-l-hill-?category=columnists

Posted byDennis Reeve4 December 20234 December 2023Posted inUncategorized

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CRIMINAL LAW IS NOT THE PANACEA FOR ALL OF OUR SOCIAL ILLS – It seems imprudent to develop a new criminal offence of “coercive control” when we can’t define what that means. “The submission points out several concerns about the bill, with the first being that there is no uniform definition of coercive control. If you look at the academic literature, there’s one review study that has found 22 different definitions. It’s not like everybody is crystal clear on what we mean by coercive control,” says Mosher.
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IS THE DECISION TO DEPORT MR. SIDHU A REFLECTION OF OUR VALUES AS A SOCIETY? “Jaskirat Singh Sidhu was handed an eight-year sentence in 2019 after pleading guilty to dangerous driving causing death and bodily harm in the Saskatchewan crash that killed 16 people and injured 13 others. He was new to truck driving and had been on the job less than a month before the tragedy. In a federal court ruling released on Thursday, a judge denied Sidhu’s request to set aside a March 2022 Canada Border Services Agency decision calling for his deportation. Sidhu is a permanent resident, and under federal law, can be subject to deportation in the instance of a serious criminal offence. He was granted parole earlier this year.” (Josh Lynn CTV)

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  • 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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