The ReeveLaw Blog

Criminal defence lawyer AND wedding planner. She has 2 jobs?? When you get in trouble choose a lawyer who only has one job and will at LEAST show up for you.

Lawyer convicted, fined for criminal contempt of court | Toronto Star.

This article explains it well. “Our criminal justice system is almost exclusively a system of plea bargaining, negotiated behind closed doors with no judicial oversight. The outcome is largely determined by the prosecutor alone” who because of MMS and ability to shape the charges can effectively dictate the sentence. It is one sided, secret, evaporates the presumption of innocence and induces false pleas of guilty. It’s a frightening system to get caught up in – especially if you’re truly innocent.

Why Innocent People Plead Guilty: Judge Rakoff, Eddie Coyle, Albert Camus and Sweet Dreams of Oppression | White Collar Wire.

We have judges to pass judgement and sentence upon those who have broken the law AND to protect all of us by controlling the excessive and unjust use of governmental authority and power. By removing power from judges through the use of mandatory minimum sentences and orders and handing the decision making ability to prosecutors the federal government is negating the second function. We will end up as the U.S. finds itself that “There is an epidemic of prosecutorial misconduct abroad in the land. Only judges can put a stop to it.” but our judges will no longer have the power to do so.

Judge Kevin Thomas Duffy Blasts Federal Prosecutor For Lying in Court | New York Observer.

The Supreme Court of Canada today decided it was lawful for police to conduct a limited search of a cell phone, without a warrant, as an incident of arrest. What is important to note is that the subject cell phone was not password protected nor otherwise locked. I foresee the case in the near future where police will think they have the right to demand your password to enforce their “lawful” right to search your cellphone and charge you with obstruct police if you don’t. PASSWORD PROTECT OR ENCRYPT YOUR PHONE.

CanLII – 2013 ONCA 106 (CanLII).

In view of the recent controversies, if you’ve wondered just what a grand jury is, here is a simple explanation of what they are and why they’re unjust.

Abolish grand juries: Justice for Eric Garner and Michael Brown..

After all, it’s only weed, his conduct was not dangerous or anti-social and the law is an ass. In this case the Federal Prosecutor permitted a plea to trafficking instead of production, otherwise the Judge would be required to impose the Harper mandatory minimum jail sentence of at least ONE YEAR. This is an example of how Harper has removed power from impartial Judges and placed it in the hands of his own controlled paid employees.

B.C. judge gives absolute discharge for man caught growing 414 pot plants | Metro.

Assuming that the function of police is to play a role in community affairs or to resolve a family dispute is often a mistake. The idea that the police are always at your beck and call is the basis for the 911 system – but it doesn’t always work. When you call the police remember what the police do – arrest people – and you risk the possibility of the use of deadly force. 911 is an emergency resource. Use it sparingly and use it correctly.

The Harper government has imposed a mandatory victim surcharge of $100 on every summary conviction, $200 on every indictable conviction or 30% of every fine imposed. It must be imposed unless a Judge finds it unconstitutional. This is supposed to be held in a separate fund to somehow benefit victims of crime, but we know it isn’t. It can be a real hardship on the indigent, homeless, mentally ill and the most vulnerable of our society. This is why we criminal defence lawyers oppose it, so our voices will join with others who care about treating all people fairly and humanely. Here are 2 cases of opposing view that explain the issues and illustrate the present battle.

http://www.canlii.org/en/on/oncj/doc/2014/2014oncj360/2014oncj360.html

http://www.canlii.org/en/on/oncj/doc/2014/2014oncj361/2014oncj361.html

 

CanLII – 2014 ONCJ 360 (CanLII).

There are two major problems with this case. One is an accused who is of such bad character that you’d want to convict him just because. Two is a lawyer who doesn’t know what he’s doing. “What the jury didn’t hear, however, was the tongue-lashing which the judge delivered to Thakore in their absence over the content of his submissions, an error-riddled alternate narrative that misrepresented evidence and misquoted testimony. At one point, the blundering Thakore even referred to his client as Mr. Lorazepam, a most unfortunate misspeak.” I see an appeal coming.

Judge points ex-pastor’s jury in murder trial to evidence, not morals: DiManno | Toronto Star.

Determining the presence of THC in a person’s body is only the first step. That THC presence has to somehow be linked to impairment. How long does THC stay in the body?  What level produces impairment. Are all people affected the same? Are there scientific evidence based answers? We don’t have the answers because it’s been illegal to possess it to perform those tests.

MassPrivateI: Marijuana breathalyzer in the works, why everyone should be scared.