Criminal Defence Law Blog
When Peel Regional Police issued their special media statement “clarifying” the circumstances of the arrest they either 1) failed to properly investigate the circumstances before speaking or 2) deliberately lied to protect their own. There should be consequences.
Peel police now say lawyer was handcuffed in court attire – Toronto – CBC News.
Shades of Christine Jessop and Guy Paul Morin! Even though police had the evidence exonerating him, he spent 10 months in jail, now has a record of a murder charge on a vulnerable sector search and the real murderer is still at large. It took his lawyer to force them to see.
Exclusive: How a pacemaker proved accused killer’s innocence | Toronto Star.
The important things about this case are two-fold. 1. Lawyers will not be forced to become agents of the state and 2. The privilege of confidential communication between a client and his/her lawyer will not be breached without due process. Therefore you can still speak openly and honestly with your lawyer.
Supreme Court Exempts Lawyers From Part Of Money-Laundering Law.
Yet another blight upon the integrity of Peel Regional Police. And you don’t see them leading this guy out of the courtroom in handcuffs.
This is endemic of the lack of respect the court system shows criminal defence lawyers. Although we’re officers of the court the system proceeds in it’s own interest and treats defence lawyers as outsider second class citizens. And the police respect no-one.
The defence bar is properly outraged. There is no justification whatsoever for this type of conduct by Peel Regional Police. They offer no respect whatsoever for this officer of the court yet they demand respect from all of us no matter what. If police treat lawyers this way in the courthouse how do you think they’re going to treat the rest of us out on the street?
“The right to counsel is not a formality. It is a shield that protects ordinary people against intimidation, bullying, and overreach by law enforcement.”, at least until the police arrest the lawyer for representing her client.
San Francisco Public Defender Files Complaint About Her ‘Rough’ Arrest (VIDEO).
If your face doesn’t have “trustworthy” characteristics perhaps you shouldn’t elect trial by a jury.
MANDATORY MINIMUM SENTENCES and the transfer of power away from Judges. This, simply, is how it works. Let’s take a typical child pornography case. In order to induce a plea of guilty a Crown Attorney can offer to proceed by summary conviction and only seek the mms of 90 days in jail and agree to let the person serve the sentence on weekends. Don’t want to play ball? The Crown will proceed to seek the maximum of 18 months or elect to proceed by indictment where the mms is 6 months and the maximum is 5 years. Plead guilty to one count and you’re registered as a sex offender for 10 years but found guilty of two counts you’re registered for life. No Judge involved. How much of a gambler are you?
