It is a written statement admissible as evidence in a transaction or a proceeding by an act of legislature. The purpose of affidavit is to replace, where appropriate, expensive or impossible personal testimony with the most reliable alternative: written statements made in policy-compliant circumstances as verified by a trusted party. Can a robot administer oaths? …
Author archives: wpengine
POLICE ADOPTING TECHNOLOGY – How a wave of startups are bringing law enforcement into the digital age
Like everything else policing is adopting the advent of technology, for good or bad. As defence lawyers we need to challenge and test the veracity of new technology. “Often, it’s enforcement agencies and not the companies themselves that are engendering public distrust. Police may be enthusiastic about adopting new technology, but they’re usually not as …
POLICE TREAT FENTANYL OVERDOSES AS HOMICIDES
In an effort to stem the tide police consider charging dealers with manslaughter. Is this approach likely to help? “Given that the “very serious penalties” that can accompany trafficking convictions have not stemmed the drug trade, it is unclear whether manslaughter charges will be a greater deterrent. These are not solutions that are really going …
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LAW REFORM – Criminal Code filled with dated ‘zombie’ laws
We used to have the Law Reform Commission of Canada that constantly reviewed our laws and made recommendations. They were a significant force in shaping our laws until the Conservative government cut funding in 2006. https://en.wikipedia.org/wiki/Law_Commission_of_Canada Now not only is a comprehensive review necessary it will be an “enormous task”. It’s rather like not repairing …
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TORONTO POLICE GAY CRUISING STING -Toronto is enraged after police sting in local park
Acting on numerous complaints 72 people (mainly men) were arrested last Friday and charged with gross indecency and engaging in sexual activity in Marie Curtis Park. It is being decried as the homophobic old school morality. Are they suggesting that the police would not similarly act on numerous complaints of heterosexual gross indecency and sexual …
Ottawa to repeal section of Criminal Code on anal intercourse – The Globe and Mail
REPEALING THE CRIMINAL OFFENCE OF ANAL INTERCOURSE – Although previously ruled unconstitutional it remains in the criminal code. Here’s the problem: “Section 159 of the Criminal Code currently says that anyone who engages in anal intercourse is guilty of an indictable offence — facing up to 10 years in prison — or an offence punishable …
MODERNIZING THE JUSTICE SYSTEM: Lightning strikes thrice?
Been there. Tried that. Twice. Didn’t work. What’s the plan now? Source: Lightning strikes thrice?
CARDING IS NOT OVER, IT’S REGULATED
The new regulations will come into full effect on Jan. 1, 2017. They feature an explicit ban on the use of race or place (i.e., being in a “high-crime area”) as a stand-alone justification for carding. Officers will be required to inform individuals that they have the right to know why they are being stopped …
PARDONS AND RECORD SUSPENSIONS – Challenge to hinge on waiting period
PM Harper abolished pardons and replaced them with “record suspensions”, quadrupled the fees to apply and almost doubled the waiting period before application, made it all retroactive and effectively trashed all pardon applications in process. The retroactive aspect and increased waiting period is being challenged as unconstitutional. The Liberal government is opposing this. We’ll wait …
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IMPLIED THREAT OF VIOLENCE
IMPLIED THREAT OF VIOLENCE – You may not have made any actual verbal threat but that doesn’t mean there was no threat of violence. It may be found in the nature of the offence. “No actual victim was threatened or realized. There was no robbery, violence or actual attempted violence. Nonetheless, the court held that …