The ReeveLaw Blog

He has a point. The court has imposed the equivalent of a criminal conviction sentence upon him although he has not been accused of or charged with breaking any law. He is a law abiding citizen. “With Bill C-51 passing we’re only going to see more of these.” Is this really what we want to see?

Although Driver is not accused of any crime, federal authorities are trying to limit his activities on the suspicion that he might help or engage in terrorist activities.

Source: ISIS supporter Aaron Driver’s charter challenge delayed – Manitoba – CBC News

My friend and colleague makes a good point. Any Crown or Judge will tell you that historical cases are the most difficult to prove and usually result in an acquittal. Evidence is either gone or deteriorated to the point of being unreliable. The threshold for laying a charge is so low – as low as a person saying “40 years ago he did this or that….” that the ability to make false accusations and use the justice system as a weapon is very high. We DO need to consider a statute of limitations for all but the most serious criminal charges.

Toronto criminal lawyer Aaron Harnett says it’s time for Canada to have an open discussion about whether this country needs to adopt a statute of limitations for criminal offences.

Source: A need for a statute of limitations in criminal law?

 “Having to declare a criminal record presents a significant, sometimes insurmountable, obstacle to accessing employment, training and education. There is no doubt that in the case of certain serious crimes, it is never appropriate to forget the fact of a conviction. Our European neighbours have long recognised this and they have all adopted so-called “spent convictions” laws that wipe the slate clean for many convictions after a specified number of years.” Harper is taking us in the opposite direction of the civilized world. He wants to make sure that you pay for your mistake for the rest of your life.

Frances Fitzgerald has stated her intention to enact the Criminal Justice (Spent Convictions) Bill 2012 by this summer

Source: Bill aims to wipe the slate clean on certain convictions

As we go through daily life we leave an electronic data trail, seemingly of everything we do, whether online or not. Most of this data we’re not aware of creating and it seems to be cast off into the cloud like so much detritus but a lot of it is recoverable and can be used for us or against us. Who of us really thought this is the case with health-tracking bracelets?

I posted a blog a few months ago about Health-tracking bracelets and privacy issues and raised the fact that health information collected by these self-tracking devices may be used as evidence in a litigation. Kashmir Hill published a piece today entitled “Fitbit data just undermined a woman’s rape claim“. Apparently, according to ABC 27, a woman handed the username and […]

Source: Fitbit data used to self-incriminate its user | Éloïse Gratton

Is viewing/possession of such cartoons really criminal behaviour? Conviction carries the very harsh penalty of a mandatory minimum jail sentence and registration as a sex offender. “Animated child porn is very difficult to prosecute because how can we say if the animated figures in the cartoons are under 18? The Crown has been typically more lenient with Japanese adults caught with cartoon child pornography in Canada because of the discrepancy in laws between our two countries. When it’s Japanese people, we just take it away from them and tell them not to do it anymore but when it’s locals that are collecting it, that’s kind of creepy and we charge them.”

There is a huge disparity between how Canada and Japan are treating anime child porn.

Source: Criminalizing Cartoons: How the Law Is Dealing with Anime Child Pornography in Canada | VICE | Canada

Having a profoundly developmentally disabled child and being a participant in the justice system, this one is close to my heart. Police and courts are not the means to deal with mental health issues. Calling on them to do so is an abdication of responsibility and only exacerbates the situation. ““Isn’t the message we want to send these kids that, ‘You have value and somebody is going to come for you, somebody cares?’ ” Apparently not.

Serious occurrences involving youth in the care of the Ontario government and privately run children’s aid societies often involve a call to police.

Source: Toronto group homes turning outbursts from kids into matters for police | Toronto Star

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Here’s what happened, from 2 viewpoints. You can draw your own conclusions. That’s the point: you CAN draw your own conclusions.

PoliceOne Staff PALESTINE, Texas Body camera footage capturing the split-second decision officers were forced to make when a suspect pulled what appeared to be a handgun has been released.

Source: Video: Texas cops fatally shoot man who pulled replica

“Since June, 2013, the Canadian Border Services Agency (CBSA) is serious about removing those who have criminal records in oversea or in Canada.  In fact, it is their top priority to remove people with criminal records. (There are) two issues, instead of one issue – (1) criminal inadmissibility assessment AND (2) misrepresentation for non-disclosure.” Consult an immigration specialist.

Am I Criminal in Canada?.. a drinking and driving charge in Canada is a criminal coded conduct.

Source: Am I Criminal in Canada?

Did you know that if you have to attend court because you’ve been charged, or you’ve been subpoenaed as a witness or victim or summoned for jury duty or simply want to observe the court process you not only have to submit to the usual entry checkpoint security process but also may be required to provide identification and submit your vehicle to a search by police? Does that make you think twice about attending court?

A new provincial law intended to increase security at courthouses and other facilities gives police overly broad powers and may even be unconstitutional, according to some Ontario lawyers.

Source: Controversial court security act proclaimed into law

WHO’S IN CHARGE? – While Harper’s Public Safety Minister bickers with the RCMP people are being charged, convicted and imprisoned for having a gun prohibited because it has a wood coloured stock instead of a black plastic stock, which is not prohibited.

This is not the first time the government has taken issue with the way the RCMP has classified a gun and reflects its push to obtain greater control over such decisions

Source: Federal public safety minister, RCMP clash over banned rifle | National Post