Criminal Defence Law Blog
Another controversial decision in a sexual assault case however before taking a position, read the actual judgment.
Here is the full transcript of Judge Gregory Lenehan’s March 1 decision acquitting a Halifax taxi driver of sexually assaulting an intoxicated passenger found partly naked and unconscious in the back of his cab.
Source: Read the full decision from the judge who said ‘clearly a drunk can consent’
A preliminary inquiry is a check and balance in the system in serious cases. It’s purpose is to have an unbiased judicial determination of whether there is enough evidence to warrant a trial. While it’s true that full disclosure obviates the need in some cases, watching a video of a complainant talking to the police is not nearly the same as being able to discover the case by asking questions of the complainant. Many cases are re-assessed by both sides after a prelim and often result in more realistic views of the strength of the case. But now, prosecutors “are under orders to prefer indictments and to limit preliminary inquiries or to get rid of them completely.” This is what happens when the Crown has more power to determine the process than a Judge has.
Defence involved in murder case says forcing clients to choose between preliminary inquiry and speedy trial is ‘extortion’
Source: Ontario lawyers say clients forced to choose between rights in murder case – The Globe and Mail
TRIAGE TRIAL SYSTEM – We’ve used this system in Newmarket for a few years now. Here’s how it works. A number of trials are set for the same date. In the morning the scheduled trials are assigned to courts as the courts are or become available. A lot of factors come into play but generally speaking the more serious the case the higher it rises on the list of priority. Any cases that cannot be reached are resolved in some way or are rescheduled …and put back into the triage system.
Crown attorneys say staff shortages have led to 200 cases stayed in past two months to meet time limits
Source: Alberta prosecutors at ‘breaking point’ as abandoned cases pile up – The Globe and Mail
JURY DUTY? – I find that a lot of people ask me how they can get out of jury duty. Fair question as some of the most difficult trials can leave a juror with PTSD. True. The Province now offers counselling services to jurors and to judges. Not to defence counsel.
Canadians are good at grumbling about the weather, taxes and having to attend jury duty.
Source: FindLaw Canada | Is jury duty a mental health hazard?
Digital privacy advocates are concerned that U.S. Customs and Border Protection agents are looking through travellers’ devices.
Source: Are U.S. border agents allowed to search phones and other devices? | Toronto Star
Firstly Justice Libman is a very well respected Judge and I’m sure there were reasons to explain the criticism however the courts do chronically start late and regularly take extra long breaks that reduce a court day’s sitting time to be less than 4 and 1/2 hours. Judges and Crowns are paid to be there, whether in court or not but it’s difficult to explain and impossible to justify to a paying client.
The criticism of Ontario Court Justice Rick Libman – chair of the court’s rules committee – comes in a published decision by Justice Michael Code of the Ontario Superior Court
Source: Ontario judge rebuked for ending day early as delays pile up – The Globe and Mail
Here’s an idea. Let’s reserve the blunt instrument of the criminal justice system for serious and violent offences worthy of a jail sentence. That would help court delays and backlogs.
Effort comes in response to Supreme Court ruling setting strict time limits for criminal trials
Source: Nova Scotia to offer plea bargains on minor cases to make way for criminal trials
PLAY CAREFULLY OUT THERE – You never know who you’re chatting with if you haven’t met him/her in person.
Some 748 people lost more than $17 million last year in online dating scams, police say.
Source: RCMP warn of online dating scams after Canadians lose $17 million in 2016 | Toronto Star
I’m certainly not opposed to well thought out and skillfully negotiated pleas of guilty and joint submissions as to sentence however almost every person charged with this offence goes through that social stigmatization of shame but in addition this officer “flagrantly abused the trust placed in him as a public officer” and defrauded his employer. By not pleading to a child pornography charge he avoids a 1 year mandatory minimum jail sentence and avoids being registered as a sex offender for 20 years.
Former detective Craig Wattier pleaded guilty to fraud over $5,000 and breach of trust.
Source: Peel cop billed for overtime while watching child porn videos | Toronto Star
