The ReeveLaw Blog

Amidst the calls for gun control in the U.S. the escalating confrontations with/by police play directly into the narrative spun by the NRA and domestic militias for the 2nd amendment right and need for every citizen to be armed to protect themselves from the violent attacks and oppression of the armed agents of the government. Just like a criminal case the other side often has a good argument worth considering.

How are commentators viewing the recent police shooting of Black men and the gunning down of police officers in Dallas? For many, it’s just further evidence that America is a violent nation with pol

Source: How Countries Are Responding To American Police Violence | News One

Whenever there is a question of forgery, handwriting experts are generally counted on to provide expert testimony. New York State Judge Rakoff refused to accept such expert testimony citing the lack of controlling standards and discipline; standardization of training; and general acceptance in the expert community. Moreover, he quoted a research study’s findings that a layperson was able to locate a forgery 92% of the time compared to a forensic document examiner’s accuracy score of 96%. This type of evidence can be challenged.

Hey, wait! That’s not my signature! I didn’t sign that! You think so? Prove it!  I’ve had personal experiences in my trials with handwriting experts. Regarding the questionable signature, the exper…

Source: Handwriting Analysis: Science or Art Form? A New York Federal Judge Weighs In | CRIMINAL DEFENSE ATTORNEY

Something to think about whether you’re a jury member or an accused person being tried by a jury.

Dogbert reads a letter and says, “What a stupid waste of my valuable time.” Dilbert says, “It’s your civic duty. It’s the small dues you pay for living in a just and free society.” Dogbert replies, “Big whoopee.” Dilbert says, “And you get to play God with other people’s lives.” Dogbert says, “Well, they should say that in the letter.”

Source: Dilbert Comic Strip on 1990-10-16 | Dilbert by Scott Adams

While applying all of the sexual assault stereotypical beliefs and discredited myths prohibited by criminal code amendments and years of jurisprudence in a trial Justice Camp was being elevated to the Federal Court. Now that an inquiry is about to take place he says “the whole sorry episode has made him a better judge and a better person”. We’ll see what the Canadian Judicial Counsel thinks.

IF YOU thought Stanford rape trial judge Aaron Persky was insensitive, wait till you meet his Canadian equivalent.

Source: Canadian judge could lose job over shocking comments to alleged rape victim

Over the last 30 years the way to determine whether a case has taken too long to be tried has been subject to a complex process of detailed analysis and balancing of factors and interests that it has become almost useless. Today the SCC has established a “new framework” that sets presumptive limits of 18 months in the lower court and 30 months in the Superior Court. Now we’ll spend years litigating how this works out.

#32

Source: Email Template

Source: Impaired driving

Don’t surrender your smart phone to police. It might contain evidence that could be used to prove you guilty of criminal charges.

Source: Don’t Surrender Your Smart Phone | Bruce Yerman, Esq.

The act was intended to target proceeds generated by organized crime groups but it’s being used for much more. Toronto police detained a man and found $8,740 cash on him. Although he had no criminal record and no charge was laid they took his money and applied to have it forfeited as proceeds of crime. The government tried to have forfeited the parents $800,000 house because their son who lived there was convicted of drugs and weapons charges. They tried to seize a person’s sailboat who was charged with impaired boating. Thank goodness we have Judges to stop this government theft.

Source: Judge slams application to seize cash from man

Parole board members do not retry offenders. Instead, they fess out whether the inmate presents any risk of reoffending. Can she or he be returned safely into the community and, if so, when and with what restrictions?

If you get it wrong and release someone from prison, someone could be hurt, or worse — and you, as the decision-maker, will be held accountable, publicly

Source: Making parole decisions is one tough job | Toronto Star

“Under s. 32(1) and (2) of the LLA, a person may not drive a vehicle with liquor in it unless they have a licence or permit to do so, or if the liquor is unopened or is packed in baggage that is fastened closed “and is not otherwise readily available to any person in the vehicle”. Justice Botham concluded that while the officer was acting within his lawful authority when he searched the interior of the car, he exceeded that authority once he looked into the bag in the trunk of the car. There is a heightened privacy interest in the trunk of a vehicle because it is hidden from view.”

This month’s newsletter discusses a recent case holding that authority to search a car under Ontario’s Liquor Licence Act does not extend to the trunk.

Source: Police Powers | Liquor Licence Act | WestlawNext Canada Portal