POLICE CARDING GONE WRONG –

So this guy was walking down the street with his hands in his pockets to keep warm, minding his own business. Police officers stop him and demand he answer their questions. He was verbally hostile and refused to remove his hands from his pockets. Police physically forced him to do so, subdued him, handcuffed him, punched him twice in the face and searched his pockets and wallet without consent. Police left him lying in the cold for over 20 minutes before taking him to the station. He sued police for violating his rights and was awarded $9,000 in general damages + $18,000 in punitive damages because of the “contumelious (insolently abusive and humiliating) disregard” shown by the police and later $60,000 in costs.

Here’s the decision.

Source: CanLII – 2015 ONSC 2952 (CanLII)

RESTRICTING MOBILITY OF CANADIANS – Sometimes it’s difficult to tell the good guys from the bad guys

Sometimes it’s difficult to tell the good guys from the bad guys ….especially in unstable regions of the globe, especially when who is on your side is confusing and changes without notice and especially where there are all sorts of exceptions. “Attempting to select sides (good guys, bad guys) are tricky in a criminal law. The essence of the rule of law is that it should apply to all, and not pick sides or enemies. It is fine to pick enemies when you are fighting a war but law is meant to be a more impartial instrument.” Not just a bad idea it’s also probably unconstitutional.

Volunteer fighters are now part of the growing list of Canadians who will likely not be affected by a proposed travel ban to certain regions of the globe.

Source: Volunteer fighters not likely to be banned from terror hotspots | Canada | News

TO SERVE AND PROTECT – Toronto police planted loose heroin in suspect’s car to justify illegal search, judge rules

Sometimes you need protection FROM the police. “Toronto police committed “egregious wrongful conduct” after they planted loose heroin on the centre console of a drug suspect’s car to create a pretext for searching the vehicle, a judge has found.” Just off the top of my head, these police committed the criminal offences of possession of heroin, possession of heroin for the purpose of trafficking, trafficking heroin, conspiracy, fabricating evidence, public mischief, obstructing justice….. Do you think there will be any consequences?

Source: Toronto police planted loose heroin in suspect’s car to justify illegal search, judge rules

YOU’RE A RAPIST 

Rape by fraud? Disrespecting someone verbally is a criminal offence of sexual violence? “Sexual violence can be understood to be any unwanted physical, verbal, emotional or spiritual act that’s carried out by sexual means or by targeting sexuality.” Spiritual act?? Emotional rape?? Do people who promote such extreme ideas like “domestic violence” is “a gender specific offence” really benefit their cause?

Calling someone a slut now a criminal offense?

Source: » Flyer Tells Students: “Sexual Violence” Includes ‘Disrespecting’ Someone Verbally Alex Jones’ Infowars: There’s a war on for your mind!

DECRIMINALIZATION vs. LEGALIZATION

Decriminalization: to remove or reduce the criminal classification or status of; especially : to repeal a strict ban on while keeping under some form of regulation. Legalization: is the process of removing a legal prohibition against something which is currently not legal. There is a BIG difference.

A number of prominent advocates for marijuana reform told the Straight they have nearly as many concerns about decriminalization as they do about the current system of prohibition.

Source: Marijuana advocates warn NDP plans for decriminalization would leave organized crime in control | Georgia Straight Vancouver’s News & Entertainment Weekly

POLICE DISCIPLINE – A BROKEN SYSTEM

“In the last five years, nearly 350 officers from police services in the Greater Toronto Area have been disciplined for what their own services call “serious” misconduct. Someone with a criminal record would almost never be hired as a cop. But many cops who are convicted of criminal offences are allowed to keep working. Police chiefs say the current law doesn’t give them enough power to get rid of problem officers. The province’s services shell out millions of dollars a year to suspended officers, some of whom have been at home receiving paycheques since 2008. The entire tribunal system needs to be overhauled to inject independent oversight.”

Nearly 350 officers from police services in the Greater Toronto Area — Toronto, Peel, York, Halton and Durham — and the OPP have been disciplined for what their own services call “serious” misconduct, a Star investigation has found.

Source: Hundreds of officers in the Greater Toronto Area disciplined for ‘serious’ misconduct in past five years | Toronto Star

STATUTORILY COMPELLED STATEMENTS – ABCA Confirms Statutory Compulsion & Principle Against Self-Incrimination Exclude MV Insurance Statements – Supreme Advocacy LLP

You’ve been in a motor vehicle accident and the police require you to give a statement under the HTA and your insurance company requires you to give as statement under your policy. Do you have to give these statements and if so, can they be used against you in a criminal prosecution? Yes you do have to give the statements and no, IF you do it correctly, those statements cannot be used against you. If you find yourself in that situation, call a lawyer immediately BEFORE giving any statement.

Case: R v Porter, 2015 ABCA 279 (CanLII) Keywords: MV Insurance Statements; Traffic Safety Act, RSA 2000, c T-6 (TSA); Careless Driving; Failure to Stop; Traffic Accident; Statutory Compulsion; ss. 7 & ss. 8 of the Canadian Charter of Rights and Freedoms (The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, …

Source: ABCA Confirms Statutory Compulsion & Principle Against Self-Incrimination Exclude MV Insurance Statements – Supreme Advocacy LLP