The ReeveLaw Blog

It’s not the Liberals’ vow to legalize pot that is creating chaos it’s the lack of action that’s causing confusion. Tobacco is regulated by the federal government. Alcohol is regulated on the provincial level. Marijuana can probably be effectively regulated on the municipal level which is exactly what is happening now. As the government dithers a de facto system of distribution is becoming established.

Law-enforcement officials urge Trudeau government to remind Canadians marijuana remains illegal

Source: Liberals’ vow to legalize pot creating chaos, police say – The Globe and Mail

The Ghomeshi trial is really no different than any other usual, ordinary, run of the mill historic sexual assault trial except that the incessant pervasive glare of the media spotlight is turning it into a disaster for women victims’ rights advocates. The problem with delayed complaint is that it excludes the possibility of collecting any corroborating physical evidence and the possibility of recording details of the incident when those details are fresh in the witness’s mind. The only evidence that remains is a memory that has been subjected to the natural processes of forgetfulness and reconstruction. It also calls for a reasonable explanation for the delay. If we take it outside of the emotion, myths and agendas surrounding sexual assault, what would be your thoughts if someone, for the first time accused you of breaking into their house and stealing their jewelrey 12 years ago?

Ghomeshi has been silent through his trial, but his recollections have guided his defence to evidence the Crown and its witnesses seemed not to know about.

Source: What accusers forget, Jian Ghomeshi remembers: Menon | Toronto Star

In the U.K. it’s proposed that “the bosses of any company that warns its members that British agencies are monitoring them face up to two years in prison. The proposed legislation would require tech firms to store users’ data for up to twelve months, including a record of every internet site visited, and allow government agencies unfettered access to the data.” It also will require “that companies weaken the encryption on messaging services such as WhatsApp and iMessage to enable agencies to evesdrop on conversations.”

Source: Tech companies face criminal charges if they notify users of UK government spying – TechSpot

Now that we understand that the “evil weed” does not result in reefer madness, is not a gateway drug, should never have been illegal anyway and that convictions have caused incalculable harm, while we wait for our government for formally recognize this the Attorney General for Canada should issue a policy directive that they will no longer prosecute charges of simple possession and Parliament should pass a law that everyone with a criminal record for simple possession will be granted a full pardon upon request.

A former police chief in charge of legalizing marijuana is like David Suzuki in charge of oil pipelines.

Source: Why is marijuana legal in Vancouver and not Saskatoon? | Saskatoon StarPhoenix

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