Author archives: wpengine

GIVE THEM POWER AND THEY WILL ABUSE IT + SPEEDING UP THE COURT SYSTEM – If the government really wanted to speed up the trial process they might start with not passing blatantly unconstitutional criminal laws that clog up the court process with hundreds and thousands of challenge applications which take years to resolve.

A federal law requiring mandatory roadside breathalyzer tests unfairly targets those with health conditions that prevent them from giving a breath sample, according to a criminal defence lawyer. Source: No protections for asthmatics who can’t provide breathalyzer samples: Lawyer

ABOLISHING PEREMPTORY CHALLENGES – If the government really wanted to speed up the trial process they might start with not passing blatantly unconstitutional criminal laws that clog up the court process with hundreds and thousands of challenge applications which take years to resolve.

A lawyer for Jamie Bacon said she plans to file a Charter challenge of new legislation that prevents both Crown and defence lawyers from rejecting potential jurors without providing a reason. Kimberley Eldred told B.C. Supreme Court Justice Source: Murder counselling defence to file Charter challenge of new jury rules | The Western Star

GIVE THEM POWER AND THEY WILL ABUSE IT – An Ontario court has chided Canada’s border agency over its “serious, long-standing and systemic” practice of abusing its search powers under customs law and acting as an agent of the police for criminal investigation purposes. While the law allows border officials to conduct searches without a warrant, Justice Elaine Deluzio said their power is restricted to customs and immigration enforcement only.

An Ontario court chides border agency over “serious, long-standing and systemic” practice of abusing search powers under the customs law. Source: Canadian border agency slammed for searching phone without warrant in child porn case

THE ROLE OF PROSECUTOR

“The role of prosecutor excludes any notion of winning or losing; his function is matter of public duty than which in civil life there can be none charged with greater personal responsibility.” R. v. Boucher 1954 SCJ No. 54, Supreme Court of Canada.

SHOULD THERE BE SPECIAL RULES FOR SENTENCING BLACK OFFENDERS LIKE THERE IS FOR INDIGENOUS OFFENDERS? – Social change is always controversial however in a country with a fundamental principle that no-one is above the law and that the law applies equally to all, should there be special rules for disadvantaged minorities? We know what’s next. “What about” refugee groups, LGBTTQQIAAP communities and every other identifiable historically disadvantaged groups?

‘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

THC AND DRIVING – The government was advised and knew this law defied logic, ignored science and fact, and was unconstitutional but they enacted it in spite of this in a knee jerk response to criticism of the legalization of marijuana. This law has to go.

Lead author of five-year study says Canada laws penalizing drivers with less than five nanograms/ml of THC in their blood may be too strict. Source: Low THC levels not linked to car crashes: UBC study