The ReeveLaw Blog

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.

It’s difficult to understand why a Prime Minister who is so devoted to making the criminal justice system jail more people would fail to staff it with sufficient judges to ensure that takes place. Is it disdain for lawyers and judges? Is it that he has no loyal lawyers in his ranks to appoint? The result is a return to crippling delays in criminal trials, civil case resolutions and family court settlements.  It hurts everybody.

Judicial vacancies pile up.

This is how we keep officers honest. Every officer knows the importance of making careful detailed notes of every aspect of their investigation as they will need to refer to it, sometimes months or years later, to refresh their memory. The content of an officer’s notes forms the basis of their cross-examination at trial. If it’s not in their notes we assume, in court it’s because it didn’t happen. Poor note taking loses cases.

RCMP officers break rules on note-taking: internal audit – Politics – CBC News.

If you’re considering driving to Florida this winter be careful because Florida is one of the worst offending states. Born out of the drug wars in the late 1980’s as a way of depriving drug runners of their profits police are now using traffic stops as a way to steal from innocent citizens. Don’t carry cash. Use credit cards and local bank machines. (This contains an 11 and 1/2 minutes video which does a good job of showing you how it happens and what it feels like.)

Federal officials issue new code of conduct for police highway seizures – The Washington Post.

Since the Conservatives made changes, the present backlog of pardons may never be processed. Pardons are now “record suspensions” and among other changes, if you have 3 convictions – no pardon for you. If convicted of a sex crime against children – no way no matter what the circumstances. Waiting times are increased from 3 to 5 years and 5 to 10 years and the fee has increased from $50 to $631. The parole board suggests you abandon your application and try again.

Thousands of requests for pardons in limbo after Conservative rule change | Toronto Star.