Criminal Defence Law Blog
HOBO COPS – Very tricksey! Cops pretending to be panhandlers, construction workers, even the Easter Bunny to catch you on your phone or texting. They also ride in buses and streetcars to be able to look into your car and notify other officers to pull you over. “Anti-poverty activists say it damages the already strangled reception of beggars from motorists and diminishes their daily take.”
Source: No escaping hobo cop: New tactic aims to catch drivers using cellphones on the road | National Post
Retired justice Lee Ferrier finds Sgt. Michael Ferry was “deliberately dishonest” under oath regarding arrest of Ryan Mitchell.
Lying under oath in a court trial is a criminal offence of PERJURY which demands a jail sentence because it strikes at the very core of the administration of justice – especially when it’s a police officer who is wilfully misleading the court. “Sgt. Ferry was found to have given incredible testimony under oath that can only have been deliberately dishonest. Other factors included Ferry’s previous disciplinary findings involving “serious dishonesty,” the fact that he was a supervisor whose illegal retaliatory conduct had occurred in full public view, and that he had failed to respect a citizen’s right to be left alone.” We defence lawyers will remember this officer’s name.
Source: Lying Toronto police officer gets two-month demotion for G20 choking | Toronto Star
CARDING – I THINK THE PROBLEM IS: that most people don’t understand what it is. You’re sitting in the park or outside of your house or in your car in a parking lot talking to someone – minding your own business and doing nothing illegal – when the police approach you, demand you identify yourself, explain and justify what you’re doing and perhaps even search you. Their uniform, authoritarian tone of voice and demeanour and veiled threat intimidate you into compliance. They have no authority to do this but prudence suggests you should comply. They record who you are, where you were, when you were there, what you were doing and who you were with so they can compare this information in past and future crimes investigations.
Influential voices add to pressure on Police
Chief Mark Saunders to reform a practice they say causes “distrust and disrespect.”
Source: Prominent Toronto citizens jointly call for end to carding | Toronto Star
This has been a significant problem for a long time in Ontario. Here is the proposed legislation:
Source: Police Record Checks In Ontario
What police forces enter on CPIC and reveal to American customs officers and on PRCs to employers has and continues to cause a lot of problems. “Some police routinely disclose non-conviction information (e.g. acquittals and withdrawn charges) and non-criminal information (e.g. mental health incidents). These disclosures can unfairly affect an individual’s employment and volunteer opportunities.” See what the Information and Privacy Commissioner (pages 8-10) has to say. A court challenge is pending and our Premier has promised to address this issue with legislation – the sooner the better.
It’s no joke.
Let’s be clear: they are not admissible as evidence in Canadian courts. Here’s one reason: “Cop Faces Up To 100 Years For Training Customers To Lie During Polygraph Exams!”
Sou
rce: Courthouse News Service
http://www.cbc.ca/news/canada/ottawa/story/2013/07/10/ottawa-walmart-hot-cars-vehicles-dogs-animals-worker-fired-cheney-parking-lot-customer.html?cmp=rss
Apparently you can get fired for reporting it. http://www.cbc.ca/news/canada/ottawa/wal-mart-employee-fired-after-reporting-dog-in-hot-truck-1.1347231?cmp=rss
Source: The Barrister Brief: Animal Law: What to Do If You Witness a Dog (or Other Animal) in a Hot Car
Harper has imposed a mandatory fine upon every single criminal conviction in addition to whatever other penalty is imposed, no matter what the circumstances. This may be okay if you’re financially well off but for this defendant “who had addiction issues, was homeless and lived on $250 per month in social assistance”, it was a problem. Justice “Glass, who earns $308,000 annually as a Superior Court judge” doesn’t think so. We, the members of the Criminal Lawyers Association don’t agree. This is why we’re joining the appeal.
Source: Victim surcharges ‘entrench cyle of poverty’: lawyer