Criminal Defence Law Blog
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.
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.
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.)
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!
Here’s the point, as true in Canada as it is in the U.S. “If we’re serious public policy people, we would let the scientist figure this out. This entire discussion should be based on science. But the laughable thing is that the government is against this type of research.”
The Impact Of Smoking Marijuana Regularly On Your Lungs, According To Science | ThinkProgress.
In a practical sense it is true that the criminal justice system operates primarily “to avoid accountability, collective or individual” usually at the cost of the accused. If you’re charged with a criminal offence you need a lawyer to protect you from a system that acts to protect itself.
Although the article doesn’t explain what the rules are at least in B.C. they recognize the problem and are acting on it. We need to do the same in Ontario.
Editorial: Record check changes are positive – Editorials – Times Colonist.
“A government that believes in fact-based legislation doesn’t starve itself of the funds required to find those facts. Unless it’s not really interested in facts at all. There, in a nutshell, is Peter MacKay’s approach to drafting laws: Ideology first, evidence never. How can MacKay — with a straight face — assure the public that his legislation is constitutional when the government purposefully suppresses evidence to the contrary?”
http://www.ipolitics.ca/2015/01/18/please-dont-confuse-peter-mackay-with-facts/
A court trial day is typically from 9:30 a.m. to 1:00 p.m. (with a 30 minute recess) and 2:15 to 4:30 p.m. (with a 30 minute recess) which allows at most for 4 and 3/4 hours of trial time in a day. No trial day runs without court interruptions or delays for a multitude of reasons. A trial consists of arraignment, motions, Crown witnesses examination and cross-examination, defence witnesses examination and cross-examination, Crown argument, defence argument, reasons for judgment and perhaps submissions on sentence. As a result the simplest of trials take at least one day of court time.