US & THEM

US & THEM – People commonly ask me how can I defend guilty people? Firstly I am amazed that every single one of us does not have a criminal record because we have ALL transgressed the law one or more times during our lives and probably deserve one. Secondly, most of my clients are just like you and me who have found themselves in a situation, whether of their own making (making bad decisions, exercising poor judgement) or not of their own making (being in the wrong place at the wrong time, the recipient of someone’s vindictiveness, suffering from a mental illness or condition) and who are ill equipped to deal with a crisis situation, who act out or make mistakes. Most of my clients are not happy to have to see me and never want to see me again at the end. So when I get all up in your face about my client’s constitutional rights and fairness and judicial discretion and police abuse of power and so on, I’m fighting this fight for YOU. You just don’t know it yet.

CAN THE POLICE OBTAIN YOUR INTERNET SUBSCRIBER INFORMATION WITHOUT A WARRANT?

Yes they can. Although it is a search which is not lawfully authorized that constitutes an unreasonable search that violates your privacy interests, the information obtained as a result of the search will not be excluded in a trial as its admission will not bring the administration of justice into disrepute.

CanLII – 2014 SCC 43 (CanLII).

SELLING WEED CAN GET YOU TWO YEARS

Harper’s new laws impose a mandatory minimum jail sentence of two years (!) if you sell weed in or near any public place usually frequented by persons under the age of 18 years, regardless of whether anyone else is present or not. The problem is that in our cities, where does that NOT apply other than bars and private clubs?

Drug-dealing law intended to protect minors is unconstitutional, judge decides.

THE STATE OF OUR JAILS – UNCONSCIONABLE

Okay it’s one thing to be tough on crime but it’s another to be inhumane. After one year, the state-of-the-art infirmary and mental health unit at the new highly touted Toronto South Superjail remains closed to this day. If an inmate suffers from mental or physical illness they throw them into the “deplorable and filthy conditions” of 24 hour a day solitary confinement to rot without health care. The Correctional Centre in Penetanguishene is no better. We need to be ashamed of ourselves!

Toronto jail inmate says he was sent to solitary for having HIV | Toronto Star.

1ST DEGREE MURDER = LIFE

 This was not a decision made by Justice Boswell, victim impact statements, pleas for mercy or justice nor submissions make any difference. This was not the maximum sentence nor the minimum sentence.  There is only one sentence for first degree murder – it is mandatory – it is life in prison without eligibility for parole before 25 years. (Now check out the errors in this report.)

Jennifer Pan: Life with no parole for 25 years in murder of mother, attempted murder of father | Toronto Star.

TEENAGERS AND CHILD PORNOGRAPHY – BEWARE.

If you’re 17 years of age, for example, the law does not prohibit you from engaging in consensual sexual activity with your 17 year old boyfriend/girlfriend however if the two of you agree to take a nude picture of each other or a video of your sexual activity you are committing the criminal offence of possession of child pornography and if you post it on social media or text it to each other you’re committing the more serious offence of publishing child pornography, even if it’s a selfie!