The ReeveLaw Blog

“It’s so common now for kids to share pretty much everything but teens sending photos of naked teens can be considered to be distributing child pornography. Even a naked selfie can be considered production of child pornography. They can consent to the photos, but they’re still child porn. The law hasn’t quite caught up to smartphones. When the child pornography laws were made no one ever considered young people sharing images,” The result is mandatory minimum jail sentences and sex offender registration.

Under Canada’s criminal code, teens under 18 sharing explicit texts could be violating pornography laws

Source: Sexting in Durham: When cheeky texts turn into child porn charges

“Sex-offender registries also now include people who have committed no sexual crime. Their crimes vary widely, from chronic violent sexual predation down to voyeurism and even public urination. Researchers estimate that the vast majority of these offenders are at low-risk for repeating their crimes.” Studies of vigilante violence against sex offenders indicate widespread abuses. Although this is an American article, this also is the legacy left us by the past Conservative government.

You could say it started with three small-town Minnesota boys riding their bikes to a convenience store on an October night in 1989. As they were returning home on a dark stretch of road, a man steppe

Source: Life on the List

We expect an end to the punitive, harsh, ideological “tough-on-crime” politically serving approach of the last government and a return to the development of healthier, safer, evidence based policies.

Experts hope the new Liberal government will steer Canada on a criminal justice course that is less punitive and more effective than the Conservatives’ “tough-on-crime” agenda.

Source: Liberal justice: Experts expect less punitive, more principled approach to crime – Politics – CBC News

We’ll see if various police services, who have resisted limiting this discriminatory practice of interfering with law abiding citizens will respect this law. Is there an enforcement mechanism, rather than complaining to the offending police service? Is there a remedy or will this be simply a hollow political statement?

Tactic of stopping and questioning people who are not suspected of any crime has been applied disproportionately to blacks, data shows.

Source: Province sets strict new limits on police street checks | Toronto Star

THE REID TECHNIQUE OF POLICE INVESTIGATION – An Ontario Superior court judge determined that “aggressive and abusive” tactics and “leading” questioning to obtain evidence in a murder case could only result in an acquittal. One WITNESS (not accused) was “psychologically broken down” after an eight-hour “relentless onslaught” by Peel police under repeated threat of being charged with crime if he did not change his account. An Independent Police Review found this was okay police conduct.

OIPRD found insufficient evidence to charge officers following a complaint by Eric Morgan, who spent three years in jail awaiting a murder trial.

Source: No misconduct charges for ‘aggressive and abusive’ Peel police interview tactics | Toronto Star

TAVIS (Toronto Anti-Violence Intervention Strategy) is all about aggression and intimidation. “When you express your rights, this is how police sort of deal with you,” says Miller. “They want to put you in your place and belittle you and make you feel humiliated.”

“When you express your rights, this is how police sort of deal with you,” says Miller. “They want to put you in your place and belittle you and make you feel humiliated.”

Source: Video captures aggressive tactics used by TAVIS officers | Toronto Star

Although “the criminalization of marijuana use represents the triumph of ideological lunacy over common sense” and “the only people who benefit from the criminalization of marijuana are criminals themselves, you don’t tear down a century’s worth of law enforcement overnight.” (BTW did you know that Canada’s criminalization of drugs began with the 1908 Opium Act enacted for the purpose of controlling and resisting Chinese immigration?)

http://ipolitics.ca/2015/10/26/stow-that-spliff-canada-you-wont-be-lighting-up-legally-for-a-while-yet/

If you’re thinking of being your own lawyer it would be a good idea to read this. It’s pretty basic and mostly accurate but not entirely. Like, if you don’t know what to do, don’t ask the Judge because he’s not there to advise you or answer your questions. Get it? You should also look up the Criminal Code, the Evidence Acts of Ontario and Canada and read a book or two on our complex evidentiary rules and the basics of examination and cross-examination techniques. And oh yeah, hope for a lot of good luck that you don’t end up in jail.

Source: Guide for Accused Persons in Criminal Trials | Ontario Court of Justice

COMPLAINTS AGAINST JUDGES – Fortunately, these days, the quality of criminal court Judges we have results in few legitimate complaints against them however when such complaints have been affirmed don’t you think we should be entitled to know the details? Justice, even when it involves Judges, must be seen to be done.

Ontario Judicial Council rebuffs a bid by the Toronto Star and Criminal Lawyers’ Association to make reviews of judges more transparent.

Source: Secrecy to continue when complaints are raised against judges | Toronto Star

ROADSIDE SUSPENSIONS – the status quo remains if the screening devices are reliable and there is a meaningful avenue of appeal. I’m not sure we have those safeguards here in Ontario.

B.C.’s police power to issue immediate 90-day suspensions deemed unconstitutional

Source: Supreme court clears drunk-driving crackdown for provinces – The Globe and Mail