Ontario’s attorney general should have already hashed out a solution that will not leave the poorest Ontarians with even fewer legal resources come the fall Source: Opinion | Ontario must not leave accused people high and dry
Author archives: wpengine
Okay, who is responsible for what?
SPECIAL CLASSES OF OFFENDERS – We can add “black offenders” as another special class of offenders.
‘When it comes to black people, the sentencing seems to be consistently void of any consideration of that additional source of disadvantage that they face’ Source: Ontario case could set special rules for sentencing black offenders, similar to Gladue for Indigenous people
INDIGENOUS WOMEN VICTIMS – are going to be a special class of victim. Offences against them will bring a harsher sentence. Justice Burstein’s granting a conditional discharge for impaired driving to an indigenous woman is entirely consistent with this policy. But it seems inconsistent with the Gladue principles applicable to victimized indigenous men who already suffer higher rates of incarceration.
Justice Minister David Lametti said Monday that the changes to the bill are ‘in the spirit of the inquiry into missing and murdered Indigenous women and girls’ Source: Government to accept Criminal Code changes pushing for harsher sentences in crimes against Indigenous women
WHICH JORDAN LIMIT APPLIES?
Which of the JORDAN presumptive ceilings of unreasonable delay is applicable is not determined by whether it is a one-step or two-step proceedings but simply by whether the trial proceeds in the Ontario Court or the Superior Court. http://www.ontariocourts.ca/decisions/2019/2019ONCA0600.pdf
NOT CRIMINALLY RESPONSIBLE (NCR) – If you don’t understand this defence, you’re apparently not alone. Here’s a pretty good straight forward explanation.
Not everyone understands the concept of ‘not criminally responsible,’ and unfortunately that includes the premier of Ontario Source: Opinion | Doug Ford should get facts straight on ‘not criminally responsible’
Ontario judge strikes down mandatory minimum sentence for first-time impaired driving in case of Indigenous woman – this opens up a few cans of worms.
‘Given the widespread discrimination against Aboriginal people, the imposition of a criminal record … would only add to the challenges an Aboriginal person faces’ Source: Ontario judge strikes down mandatory minimum sentence for first-time impaired driving in case of Indigenous woman
This is getting silly. Reality dictates that the government compete with a free market. They have failed miserably. Arresting people for supplying a legal market is an admission of failure.
Source: Illegal cannabis store now selling weed on street outside shuttered Toronto stores
ALCOHOL IS A UNIQUE SUBSTANCE in that it is well studied and the results of consumption are very predictable. Other drugs are not the same in that every drug affects every person differently. We can’t equate the effects of marijuana consumption with the effects of alcohol consumption on driving impairment. The underlying assumptions are not valid. They are not the same.
Source: A Majority of Consumers Don’t Think Cannabis Impairs Their Driving
IS RESTORATIVE JUSTICE a soft on crime approach?
Source: Nova Scotia to divert more criminal cases to restorative justice system | Philippine Canadian Inquirer