Assuming that the function of police is to play a role in community affairs or to resolve a family dispute is often a mistake. The idea that the police are always at your beck and call is the basis for the 911 system – but it doesn’t always work. When you call the police remember …
Author archives: wpengine
THE HATED VICTIM SURCHARGE
The Harper government has imposed a mandatory victim surcharge of $100 on every summary conviction, $200 on every indictable conviction or 30% of every fine imposed. It must be imposed unless a Judge finds it unconstitutional. This is supposed to be held in a separate fund to somehow benefit victims of crime, but we know …
INEFFECTIVE ASSISTANCE OF COUNSEL
There are two major problems with this case. One is an accused who is of such bad character that you’d want to convict him just because. Two is a lawyer who doesn’t know what he’s doing. “What the jury didn’t hear, however, was the tongue-lashing which the judge delivered to Thakore in their absence over …
Marijuana breathalyzer in the works, why everyone should be scared
Determining the presence of THC in a person’s body is only the first step. That THC presence has to somehow be linked to impairment. How long does THC stay in the body? What level produces impairment. Are all people affected the same? Are there scientific evidence based answers? We don’t have the answers because it’s …
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Judicial vacancies pile up
It’s difficult to understand why a Prime Minister who is so devoted to making the criminal justice system jail more people would fail to staff it with sufficient judges to ensure that takes place. Is it disdain for lawyers and judges? Is it that he has no loyal lawyers in his ranks to appoint? The …
RCMP officers break rules on note-taking: internal audit – Politics – CBC News
This is how we keep officers honest. Every officer knows the importance of making careful detailed notes of every aspect of their investigation as they will need to refer to it, sometimes months or years later, to refresh their memory. The content of an officer’s notes forms the basis of their cross-examination at trial. If …
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HIGHWAY ROBBERY – THE NEW PIRATES
If you’re considering driving to Florida this winter be careful because Florida is one of the worst offending states. Born out of the drug wars in the late 1980’s as a way of depriving drug runners of their profits police are now using traffic stops as a way to steal from innocent citizens. Don’t carry …
IF YOU HAVE A PARDON APPLICATION IN PROCESS YOU MAY BE OUT OF LUCK.
Since the Conservatives made changes, the present backlog of pardons may never be processed. Pardons are now “record suspensions” and among other changes, if you have 3 convictions – no pardon for you. If convicted of a sex crime against children – no way no matter what the circumstances. Waiting times are increased from 3 …
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THE FAILURE OF JUSTICE IN FERGUSON
Justice is the key to peace and the process must APPEAR to be just. Officer Wilson may well be not guilty but the problem is that this was not the question. The question was whether there should be a trial. The grand jury’s function, like our preliminary inquiry, is to receive evidence and assuming it …
NO CONTEST PLEAS
“If a client says, ‘I am not guilty but I just want to get it over with,’” can you enter a plea of “no contest”? Technically it’s available but practically it is not. If you don’t plead guilty or not guilty the criminal code directs a Judge to enter a plea of “not guilty” on …