If you’re charged with a criminal offence and you don’t know the answer you better talk to a lawyer. Really. You better talk to a lawyer. Here’s one consequence – just one – that you probably didn’t know the details of …. and probably still won’t after reading this.
WHY STAND IN LINE FOR DUTY COUNSEL?
It amazes me every day when I walk into the court house and find people charged with criminal offences standing and waiting an hour or two in a long lineup to get a couple of minutes of time from duty counsel to get some generic perfunctory advice which doesn’t really relate to their specific circumstances when all they have to do is call our office, walk across the street and sit down with us to get a half hour of our time and advice specifically about their case … for free.
WHAT ARE DRUG LAWS REALLY FOR?
Most Canadians are not aware that our drug laws originated in the early 20th century to discourage Chinese immigration. “A “drug” was that which could not be legally possessed; if it could be, then it was not a drug at all, but a medicine, a drink, or a smoke. The battle to eliminate a drug traffic that becomes more profitable the more aggressive our legal response, is devastatingly counter-productive. Every drugs seizure, every boatload or shoot-out, is clearly of only the most trivial significance. But it is presented, by police, lawyers, government, and the media, as an elaborate morality play staged for the cameras.” The latest Canadian act in this play is a mandatory minimum sentence of 6 months in jail for anyone (read university student) who grows 6 marijuana plants.
FALSE GUILTY PLEA TO MURDER
False guilty plea to murder. Why does this happen? An investigator and others “coerced Simon into making a video taped confession, threatened him with the death penalty, pretended to have a witness to him committing the crime and promised him lucrative book deals.” The result of a draconian unyielding system. And the murderer goes free. This is the sort of system we do NOT want here, Mr. Harper.
via Illinois releases prisoner, bringing wrongful conviction full circle – Yahoo News.
FALSE GUILTY PLEAS IN DRUG CASES
False guilty pleas in drug cases. Hundreds of them in Texas in the last 10 years. How could and why would so many innocent people plead guilty? The war on drugs, draconian jail sentences and aggressive prosecutors. Get threatened with a life destroying jail sentence if you plead not guilty or offered a shorter one on a plea of guilty. There’s a lesson in this American experience as we arm our prosecutors with mandatory minimum sentences, tough on crime laws and remove the power of Judges from the equation.
Lab Reports Show Hundreds “Convicted in Error” for Drug Offenses | Houston Press.
SEXUAL ASSAULT LAW IN CANADA – 30 YEARS OF CHANGE
Yes, it is biased, but it’s a pretty good succinct review of how our laws on rape and sexual assault have changed, or not, in the past 30 years.
Sexual assault law in Canada: What women need to know | rabble.ca.
THIS IS NOT A 75 YEAR SENTENCE
To clarify, the mandatory sentence in Canada for first degree murder is life in prison without eligibility for parole for 25 years. This is not a 25 year sentence. The sentence means AT LEAST 25 years in prison after which a convict can apply for parole but will not necessarily be paroled. Even if parole is granted the convict is subject to supervision and restrictions until his/her dying day. Since 2011 certain multiple life sentences must be served consecutively. Therefore in the case of 3 1st degree murder convictions, although there is only 1 lifetime there are 3 parole ineligibility periods of 25 years. 25 X 3 = 75. Hence, Bourque will serve a life sentence and cannot apply for parole until he has served 75 years in prison.
Justin Bourque gets 75 years without parole for killing three Mounties | Toronto Star.
SHE CALLED 911 TO ORDER A PIZZA
This is interesting. A snopes confirmed true story of a smart woman and a smart 911 operator … and a bit of insight into the sensitivity and professionalism of the type of person you’ll be talking to when you call 911.
A Woman Called 911 And Pretended To Order A Pizza To Alert Them Of Domestic Abuse.
BDSM and ROUGH SEX – IS IT ILLEGAL?
BDSM and ROUGH SEX – Is it illegal? It’s a good question since these practices have become more mainstream. A person can legally consent to an assault but according to the law one cannot consent to the causing of bodily harm. The question is, what is bodily harm? Breaking a bone or cutting the skin definitely is but what about a bruise or a scar? In a society where some consider yelling to be both an assault and abuse and where others may take pictures of their rough sex bruises and post them online with pride, where the legal line is drawn is not clear. Be careful out there people. Play safe and don’t go too far.
Jian Ghomeshi Lawsuit: BDSM With Consent Is ‘Murky’ In Canadian Law, Experts Say.
“NO POLICE” SIGNS – DON’T WORK
“NO POLICE” sign – here’s an interesting approach that didn’t work. The owner of a store that sells marijuana paraphernalia (and marijuana as it turns out) posted a sign that said that police officers were not allowed entry without a warrant and had his lawyer send a letter to the Chief of Police to the same effect. Of course undercover police officers went in and purchased some marijuana from the store owner. The trial court liked the idea and acquitted the guy. The B.C. Court of Appeal not so much saying the sign did not create a reasonable expectation of privacy that the police breached. Back down to the trial division for another trial.