GOING TO COURT ONLINE

When we get charged with speeding or a traffic offence we usually figure it’s not worth it to attend court to stand in line to set a trial date and then have to take a day off work to attend the trial, so we just grit our teeth and pay it. Ontario wants to somehow start having hearings online with “unbiased decision makers” who are not judicial officers. What do you think? A good idea or not? (Here is the MAG consultation paper: http://www.attorneygeneral.jus.gov.on.ca/english/POA%20ConsultationPaper%20Final_ENG.pdf

Reevely: Lower standards of proof and online hearings are among Ontario’s ideas for speeding up courts | Ottawa Citizen.

THE DUTY TO PROSECUTE FAIRLY

To be honest, most of our Crown Attorneys understand and take the duty to prosecute fairly, very seriously, but every once in a while there is one, whether because of inexperience, tunnel vision or for career advancement, prosecute to win. “In 1984, I was 33 years old. I was arrogant, judgmental, narcissistic and very full of myself. I was not as interested in justice as I was in winning. I did not question the unfairness of Mr. Ford having appointed counsel who had never tried a criminal jury case much less a capital one. It never concerned me that the defense had insufficient funds to hire experts.” This is why you need an experienced lawyer.

Lead prosecutor apologizes for role in sending Glenn Ford to death row.

Parole Board says no more funding to clear old pardons applications in backlog | News1130

Harper eliminated pardons in 2012 replacing it with more expensive, rigorous and restrictive “record suspensions” making it more difficult for those who have committed a crime in the past but have reformed and rehabilitated themselves over time to get their criminal record cleared. By reducing funding to the National Parole Board Harper has effectively terminated the process for the backlog of 6,000 pardon applications (who paid $150) they haven’t yet got around to. Those people will now have to abandon their application, re-apply, pay the new $631 fee and wait some more. Welcome to Harper country.

Parole Board says no more funding to clear old pardons applications in backlog | News1130.

A VIEW OF THE OTHER SIDE FROM THE OTHER SIDE

“Fulfilling the role of a Crown Attorney was extremely enjoyable. I was magically transformed from powerless student to a man who made incredibly important decisions, appeared on a daily basis in court and, best of all, worked with and directed police officers many years my senior. Unlike today’s Crown prosecutors who are closely monitored by upward reporting and political pressure, my decisions were my own. I only spoke to senior prosecutors when I needed advice. There was no decision by committee. Politics and media had very little influence. Life was wonderful. The only disappointment was my social life, most particularly in bars. I thought if word got out that I was a Crown Attorney, it would have a very positive social effect but much to my surprise, Crown Attorneys ranked slightly above used-car salesmen and far below drug dealers.” Hersh Wolch “Tough Crimes”

USE OF RESTRAINTS IN THE COURTROOM

We live in a court culture where the tail wags the dog. The Judge controls the courtroom, not the police. Thank goodness for Judges like Justice Schreck who recognize and correct this. Now let’s see if the police respect judicial authority or not. ” The practice in this jurisdiction of keeping all in-custody accused in handcuffs unless and until an order is made to remove them is, in my view, contrary to law and should be discontinued.”

CanLII – 2015 ONCJ 116 (CanLII).

TWO SIDES TO EVERY STORY AND SUSPENSION OF JUDGMENT

“I think one of the great gifts that the study of law provides is that one is trained to suspend judgment. We start with a wicked cynicism but learn to put off taking a decided view. Things are never what they seem at first.” Marie Henein “Tough Crimes” This is the very trait that often sets us apart and which people have difficulty in understanding about lawyers.