Forty-three years after the LeDain Commission said laws against simple possession should be abolished, recognition of pot’s reality has arrived. However, legalization is of so little importance it is relegated to the back shelf. “There’s no timeline on lifting the prohibition. Other Liberal justice issues – notably the implementation of physician-assisted suicide, the inquiry into …
Author archives: wpengine
BESTIALITY – (Warning: It’s a rather disgusting topic)
Is it sexual abuse of animals? Does the law exist to protect the rights of animals? Is the animal a victim? That’s what our Supreme Court is being asked to decide. “What makes this an interesting animal rights case is that the Court is also being asked to consider the effect on the family dog.” …
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FRAMED BY FORENSICS: JUNK SCIENCE IN COURT
“Hundreds of innocent people have been convicted by bad science, permitting an equal number of perpetrators to go free. None of the traditional forensic techniques, such as hair comparison, bite-mark analysis or ballistics analysis, qualifies as rigorous, reproducible science. An overwhelming majority of wrong decisions resulted from flawed science-related procedures, such as eyewitness errors, faulty lab …
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SPANKING: THE CURRENT STATE OF CANADIAN LAW
Personally I prefer a balanced approach that includes the concept of reasonableness over extreme, inflexible “zero tolerance”. Here is the present state of the law defined by our Supreme Court in 2004. “Section 43, properly construed, is not unduly vague or overbroad; it sets real boundaries and delineates a risk zone for criminal sanction and avoids …
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SPANKING – IN THROUGH THE BACK DOOR (SO TO SPEAK)
Defining what crosses the line between spanking and abuse is not always easy. PM Trudeau is committed to implementing all of the recommendations of the Truth and Reconciliation Commission which includes repealing section 34 of the Criminal Code which permits limited physical discipline of children. This will not however be limited to affecting just First …
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CRIMINAL RECORDS
Let’s see, if you are found guilty of a criminal offence but the sentence is a discharge the RCMP will purge it from their records after 1 or 3 years however if you have a trial and are found not guilty, or the Crown withdraws the charge because they can’t prove it or the charge …
LIFE BEFORE THE CHARTER: DISCLOSURE –
Section 7 of the Canadian Charter of Rights and Freedoms provides that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” The right to a fair trial is a principle of fundamental justice and requires …
LIFE BEFORE THE CHARTER: WRITS OF ASSISTANCE
The Canadian Charter of Rights and Freedoms was enacted in 1982 as part of the repatriation of our Constitution. Prior to that citizens had no constitutional rights of privacy or freedoms and the final appeal in criminal cases was to the Privy Council in England. In 1982 we became masters of our own laws. At …
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THE REAL CRIMINAL ELEMENT: A MOLECULE WE KNOW AS TETRAETHYL LEAD
It’s a theory that’s been around for a while but this article shows the convincing evidence. “Gasoline lead (Pb(CH2CH3)4) is responsible for a good share (as much as 90%) of the rise and fall of violent crime over the past half century. Childhood blood lead levels are consistently associated with higher adult arrest rates for …
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THE APPEAL PROCESS AT WORK – Supreme Court backs judge’s right to impose stiff sentence for drunk driving – The Globe and Mail
This is not a change of direction or policy but rather confirmation that our courts are tough on crime when it’s appropriate. Need to deter impaired driving justified stiff penalty after fatal 2011 crash in Quebec, justices say Source: Supreme Court backs judge’s right to impose stiff sentence for drunk driving – The Globe and …