The ReeveLaw Blog

BLASPHEMY – Section 296 of the Criminal Code makes it a criminal offence to publish a blasphemous libel. It does not define “publish” and it does not define “blasphemy”. Do we even know what blasphemy is? How is this consistent with religious freedom? Why do we even have this law?

By Derek James From It’s been 10 years since the Danish newspaper Jyllands-Posten published the now notorious cartoons of the Prophet Muhammad. The cartoons were republished by newspapers around the world and more than 200 people died as protests and riots erupted in response. Prime Minister Stephen Harper responded, saying he regretted that Canadian newspapers had…

Source: Opinion: The hypocrisy of Canada’s anti-blasphemy law | Calgary Herald

“The Legal problems of Canadians are not evenly distributed. Data indicates that a large cross-section of persons who experience legal problems are among the poorest in Canadian society. Legal aid is one of the most important institutions for meeting the legal needs of the poor in Canada. Most legal aid plans, however, provide little service in areas of law outside of criminal and family matters and, because of limited funding, struggle to sufficiently address deficiencies in other legal service areas.”

The Legal problems of Canadians are not evenly distributed. Data from the 2014 CFCJ survey – Everyday Legal Problems in Canada – indicates that a disproportionate percentage of persons who experience legal problems bear the burden of a signific

Source: Legal Problems and the Poor – Slaw

THE ASSAULT POLICE PLOY – It’s an old one. Cop assaults person and charges that person with assaulting police. So this guy was sitting in his uncle’s apartment. Cops knock on the door and tell him to turn the music down. He does so and gives his identification (?) but that’s not good enough. Cops want to come into the residence and search around without a warrant. The guy says no. He takes out his phone to record this when the cop physically knocks the phone out of his hand and arrests him for assaulting police. Cops seize the phone and it is never seen again, but the video clip was automatically uploaded. On seeing the video the Judge questions officers’ honesty, finding their testimony “deliberately misleading.” Guy is found not guilty. What happens to the officers??

Cellphone went missing after police took it, but uploaded file exonerated accused man and left judge questioning officers’ honesty, finding their testimony “deliberately misleading.”

Source: Phone video clears man charged with assaulting cop — even after phone disappears | Toronto Star

 What do you think of it?

Also known as a bean bag gun, the sock gun is a regular shotgun that, instead of bullets, has been loaded with a kind of round that inflicts pain but does not penetrate the body. It’s referred to as an impact round.Each “bullet” contains a soft, granular material contained in a Kevlar sac, like a tiny bean bag.

Source: ‘Sock gun’ joins less-lethal arsenal in use by Toronto police | Toronto Star

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)

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

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

More than 60 officers from the Ontario Provincial Police and the five GTA police forces — Toronto, Peel, Durham, York and Halton — have been disciplined for drinking and driving before internal police tribunals since 2010.

Source: Dozens of officers from across Ontario busted for drunk driving in last five years | Toronto Star

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: 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