ONTARIO IS POISED TO INCREASE IMPAIRED DRIVING PENALTIES.
ANOTHER TRAGIC DECISION OF THE TORONTO CROWN ATTORNEYS’ OFFICE TO PROSECUTE A CASE – In the aftermath of the acquittal of Mr. Zameer, another tragic decision, this time to prosecute Lindsay Hewson is revealed.
“The Crown’s decision to prosecute was so questionable that a judge took the rare step of suggesting it was not in the public interest to proceed to trial. But the Crown went ahead anyway, forcing a grieving Hewson, her partner, and the court system into a process that dragged over three years only to end in January with most of the charges gone and Hewson with no criminal record, and no jail time.
Hewson’s lawyers are left asking: What was the point?
The case was an example of “the criminalization of poverty,” said one of Hewson’s lawyers, Megan Savard. “If a wealthy white woman had left a dishwasher pod on the floor and her child had consumed it and died, and had she responded exactly as urgently and responsibly as our client responded, I think it is fair to say she would never have been charged.”
The Crown has complete discretion over which charges laid by police should proceed in court — if any — and is required by policy to only go ahead “if there is a reasonable prospect of conviction and it is in the public interest.”
But in a rare move, Bliss (who conducted the preliminary inquiry) concluded his ruling by questioning the necessity of putting the parents on trial.
“I wish to stress, however, that the fact that there is some evidence that requires the defendants to be committed for trial does not mean that the defendants would, or even should, be convicted, nor should their committal for trial be taken, in the circumstances of this case, to be an endorsement of the view that it is in the public interest to prosecute them for the death of their son,” the judge wrote.”
PSA – Be aware that the OPP will be conducting a breath test at EVERY GTA traffic stop. No suspicion or reasonable grounds needed.
Posted May 1, 2024 4:21 pm.
Last Updated May 1, 2024 5:00 pm.
Ontario Provincial Police (OPP) are warning drivers to “be prepared” to give a breath sample if you’re pulled over for any reason in the Greater Toronto Area, even if they don’t suspect you’ve been drinking.
In a release Wednesday, the OPP said they’re now conducing Mandatory Alcohol Screening (MAS) “as part of every traffic stop.”
“As impaired driving occurrences continue to increase in Ontario Provincial Police jurisdictions, the OPP is taking its strongest measures yet to detect, investigate and remove impaired drivers from our roads.”
The OPP says the move comes as impaired driving collisions and charges are up close to 30 per cent over the previous five-year average.
“Motorists are again reminded to be prepared to provide a breath sample during a traffic stop,” an OPP release states.
The OPP says under Canada’s Mandatory Alcohol Screening law, drivers must immediately comply with a police officer’s demand for a breath sample, “even in the absence of any suspicion that they have consumed alcohol.”
“Drivers who do not comply with a breath demand could be charged for failure or refusal to comply under the Criminal Code.”
THE CURIOUS CASE OF MR. ZAMIR AND THE MYTH THAT POLICE OFFICERS NEVER LIE – From the beginning the Police Chief set out the narrative to the media that this was an intentional murder of a police officer. When a wise Judge discovered it was a weak case and released Mr. Zamir on bail pending his trial, Premier Doug Ford fed the media outrage. Three police officers testified under oath at the trial the officer was run down head on however the accident reconstructionist and the video evidence contradicted this narrative. The Crown could not devise a viable theory of murder.
The jury rejected the police officers’ evidence and found that Mr. Zamir was attempting to save himself, his 2-year-old child and his pregnant wife from what to anyone in that situation would appear as an attack by unknown persons that threatened his family with robbery or possibly murder. For a moment, put yourself in Mr. Zamir’s situation, both in the parking lot and the courtroom. This case should never have gone to trial. The entire prosecution was police driven from beginning to end. In the end, the Judge deeply apologized, on our behalf, for what we put Mr. Zamir through.
Mr. Zamir should be compensated. The police officers who provided false testimony should be disciplined. The Crown Attorney who decided to prosecute Mr. Zamir should be called to account.
https://toronto.citynews.ca/2024/04/21/umar-zameer-not-guilty-in-death-of-toronto-police-officer/?
ALTHOUGH HE USES THE WORD, PREMIER DOUG FORD FUNDAMENTALLY MISUNDERSTANDS THE CONCEPT OF DEMOCRACY – “Ford’s definition of democracy leaves no place for an independent judiciary that plays a crucial role in interpreting and applying the constitution, and protecting individual rights and freedoms. It’s naked majoritarianism without any checks and balances.
It’s as if Ford and his allies who are actively assailing the judiciary have forgotten — or never really understood — centuries of hard-earned lessons that democracy is not about electing a king by another name. Individual rights and freedoms, enforced by an impartial and independent judiciary, are bulwarks against authoritarianism. This separation of powers provides vital limits on majority rule to protect individuals and minority groups of all kinds.”
NEW ORDERS FROM THE COURT: I wonder if Judges and Justices of the Peace will daily announce their title and sexual identity as well in open court to the public.
Ontario Court of Justice
Notice to the Profession and Public
Pronouns for Lawyers and Parties
At the beginning of any in-person, virtual or hybrid hearings, when lawyers are introducing themselves, their client, a witness or another individual, they should provide the judge or justice of the peace with each person’s name, title (e.g. Mr., Mrs., Mx., Counsel “X”) and pronouns to be used in the hearing. If counsel does not provide this information in their introduction, they may be invited by a court clerk to provide this information. At the beginning of each court session, court clerks have been asked by Court Services Division to announce that parties appearing before the court are invited to provide their title and pronouns to the court.
Sharon Nicklas
Chief Justice
Ontario Court of Justice
https://www.ontariocourts.ca/ocj/files/docs/OCJ-Notice-Pronouns.pdf
THE MeToo MOVEMENT IN THE LEGAL PROFESSION – This is a well articulated response to the issue. We men really have to step up and be respectful and professional. It’s not really a very big ask.
