The ReeveLaw Blog

Every person charged with a criminal offence has the right to be released upon reasonable bail conditions unless, in this case, the Crown can establish that his detention is necessary to 1) ensure his attendance in court or 2) there is a substantial likelihood he will commit a criminal offence or interfere with the administration of justice if released or 3) to maintain confidence in the administration of justice. Mr. Muzzo could have applied for release at any time and probably would have been successful but chose not to. In forming an opinion about his release, keep in mind that he will be out of custody for less than 3 weeks and during that time will be bound by numerous conditions.

Muzzo also pleaded guilty to impaired operation of a vehicle causing bodily harm to the children’s grandmother and great-grandmother.

Source: Marco Muzzo granted bail after guilty plea in impaired-driving deaths of 3 children, grandfather | Toronto Star

Medical marijuana can only legally be obtained in Canada from a licensed producer delivered by courier or Canada Post but as we are in this waiting period between knowing that marijuana legalization is coming and the reality of legalization, storefront dispensaries pretending to be medical clinics, vaping lounges and compassion clubs are popping up everywhere. Let’s be clear that even though municipal and police tolerance varies, they are nevertheless illegal.

There is a “carefully calibrated process by which we try sexual crimes. Very few areas of law have been given as much careful consideration by legislators.” Breese Davies’ article explains the error of the popular myths. “The trial process, including the right to test the complainant’s evidence, is the only protection an accused person has against being wrongfully labelled and sentenced as a sex offender.”

Calls to make it ‘easier’ to secure convictions in cases of sexual assault are dangerously antithetical to basic tenets of our justice system

Source: Convicting Jian Ghomeshi will be hard — for good reason | Toronto Star

Justice Fergus O’Donnell is known for his creative, expressive and entertaining style of judgment writing (with footnotes). Here he tells the tale of a “pleasant young man” who thinks the law has no jurisdiction over him. “I suppose that if perfectly pleasant young men weren’t led astray from time to time by drugs, alcohol, broken hearts or rubbish on the internet, then the dockets of provincial court wouldn’t be quite as plump as they usually are.” If you have the time, enjoy the read.

Source: CanLII – 2013 ONCJ 160 (CanLII)

If you think police officers fabricating evidence to justify searches and lying to judicial officers about it is a rare occurrence, given what has happened this week you have to think twice. In Hamilton “Superior Court Justice Catrina Braid convicted 12-year officer Robert Hansen of one count of perjury and two counts of obstructing justice Friday. Hansen encouraged an informant to plant a gun in the residence of a suspected drug trafficker and committed obstruction of justice and perjury when he provided false information in a sworn document he put before a justice of the peace to obtain a search warrant.”

Crown will seek jail time for former gangs and weapons detective Robert Hansen

Source: Hamilton police detective guilty of perjury

Although this is a bit cynical and speaks mainly of civil litigation he makes some very good points about how a self represented litigant is simply out of his or her league in court. In criminal court the Crown Attorney is not your friend, your helper or your adviser. He/she has many years of experience and knows the rules, the players and the intricacies of the law. You do not. And please don’t take the advice of the police officer who arrested you as to what you should do or what lawyer you should hire. He/she is not your friend, your helper or your adviser either. They are on the other side working against your best interest. They would rather not have to even give you your rights. Get your own lawyer to help you. Lawyerup!

The Important Rule that most self-represented litigants never learn, or learn too late: It is an opposing lawyer’s duty in law to deceive and obstruct you. “Be instantly wary of any adv…

Source: Advice for self-represented litigants, Part 2: The Important Rule that most self-represented litigants never learn, or learn too late. | Donald Best.CA

Should police be able to gain access to your information held by your internet service provider? “In its decision in Spencer a year and a half ago, the Supreme Court stated that a warrant is needed in all circumstances except where: 1) there are exigent circumstances, such as where the information is required to prevent imminent bodily harm; 2) there is a reasonable law authorizing access; or 3) the information being sought does not raise a reasonable expectation of privacy.” Police don’t like this. Is it really so unreasonable?

Parliament should uphold the Supreme Court ruling that prevents law enforcement from obtaining specific subscriber data on internet use without a warrant

Source: Parliament should be wary of warrantless access: Privacy Commissioner | Toronto Star

They take it very seriously in the U.S. “Bloomfield Officer Orlando Trinidad and a fellow officer were found guilty in November of official misconduct, falsifying public records and other offenses.” Officer Orlando was sentenced to 5 years in jail without eligibility for parole.

Source: Officer Convicted Due to Dashcam Video Sentenced to 5 Years – ABC News

Here is Justice Morgan’s ruling in the case. He found that the officers not only planted evidence but also perjured themselves by lying about it to the court. “Here, the false creation of a pretext to search the Defendant’s vehicle, combined with the collusive fabrication of a story by the two lead Officers as to why they came to assist in the traffic stop of the Defendant, certainly amounts to egregiously wrongful conduct.” A read of this judgment is insightful for those who are unfamiliar with the trial process or the form of a Judge’s reasoning.

Source: CanLII – 2015 ONSC 5607 (CanLII)

First of all, congratulations to Kim Schofield for having the determination and skill to expose this so clearly in the trial. Second of all, don’t be surprised or shocked. “Reporters David Bruser and Jesse McLean exposed more than 100 cases of police dishonesty in courts across Canada.” In my experience the false creation of a pretext to search clients’ vehicles is almost the norm. Unjustified searches and officers lying on the witness stand undermines trust in and perverts the legal process and makes them no better than the criminals they say they’re protecting us from.

With four officers charged with obstruction of justice, Toronto Police Chief Mark Saunders has done well in leaving no stone unturned to catch rogue cops.

Source: Police must follow the rules: Editorial | Toronto Star