RSS FeedFormer NHL’er Ramage Has Appeal
Former St. Louis Blue and Toronto Maple Leaf has had his second day in court. This time to appeal a conviction that led to a four year sentence for Impaired Driving Causing Death in connection with the accident that claimed another former NHL’er, Keith Magnuson.
The appeal will focus around two specific issues:
1. Was Ramage’s Charter rights violated through the collection of his urine at the hospital?
2. Should the court find that they were not violated, is the four-year sentence imposed by the Ontario Superior Court too harsh?
The court appears to be already leaning toward reducing the sentence through the words of Justice David Doherty who indicated
I think it’s fair to say we’re all concerned about the length of sentence.
To me this is an interesting case and one that affects me personally. I worked with many (if not all) of the officers involved in this case, however, this specific incident was before my time. No police officer likes losing a case because of an error that they committed (i.e. Charter breach), however, although the defence has suggested the officer wilfully breached Mr. Ramage’s rights. It is more likely the officer was acting in good faith with respect to the investigation.
But this begs the question. If an officer, who acting in good faith, breaches an accused person or suspect’s rights, in situations such as this, is justice better served in upholding a conviction or upholding a what would ultimately be a minor Charter violation.
You may wonder why I say minor? Because ultimately, although a breach may have occurred, a warrant surely would have been granted to obtain bodily fluids.
Discuss.
Speaking of getting “tough on crime”, how about “hate”?
When a local Georgian Township man, Trevor Middleton, was convicted of assault and criminal negligence in December, 2009, friends and family of the victims were hopeful that justice was served.
The Toronto Star
During the case, the jury had heard how Middleton and his friends had engaged in the practice of “nip-tipping” – that is, they would push into the water individuals who were fishing and who were of visibly Asian descent. This would be on the pretense that such people were fishing illegally, without licenses, or catching more fish than they were allowed to.
As well, the jury had heard how, after this altercation, Middleton had pursued the victims in his F-150 pick-up, how he had rammed their Civic with his truck, and how the victims were forced off the road and into a tree. The jury also had heard how one of the occupants, Shayne Berwick, suffered severe brain injury and is now confined to a wheelchair.
As a result, the jury had taken all of three hours to find Middleton guilty.
Craigslist: Law Degree for Sale
Here’s a real ad from the SF-Bay area on Craigslist,
After several years of practicing law with a bunch of nerds in Silicon Valley I have come to the conclusion that my law degree is useless and I don’t want to be a lawyer anymore. Though I spent over $100,000 on it I am willing to sell it for the bargain basement price of $59,250, which is the current value of my remaining student loan balance.
This priceless collectible will permit you to be surrounded by hobby-less assholes whose entire life is dictated by billing by the hour and being anal dickheads. Additionally, this piece of paper has the amazing ability to keep you from doing what you really want to do in life, all in the name of purported prestige and financial success. Finally, girls in the Marina will swoon with retarded thoughts of sugar daddy when they hear you went to XXX prestigious law school and are a lawyer.
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The End of 2-for-1 Credit & the Fallacy of ‘Getting Tough’
The March 8th 2010 issue of Maclean’s, “Canada’s magazine”, has this to say about the Conservative government’s elimination of two-for-one credit for pre-sentence custody:
Do the time
“It seems like a no-brainer: convicted criminals shouldn’t get a break for prison time served prior to court dates. And yet, it’s taken four years for the federal government to enact legislation ending two-for-one jail credits. As the old saying goes: you do the crime, you do the time—the whole time, not just half. Convicted criminals have been gifted shorter sentences by the justice system for too long. It’s time to get tough.”
Fortunately, old sayings do not figure among our sentencing principles. The objectives of our sentencing regime are enumerated at section 718 of the Criminal Code, and they are as follows:
(a) to denounce unlawful conduct;
(b) to deter the offender and other persons from committing offences;
(c) to separate offenders from society, where necessary;
(d) to assist in rehabilitating offenders;
(e) to provide reparations for harm done to victims or to the community; and
(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community.
Parliament enacted those objectives to guide the courts in fashioning sentences that are just and appropriate to the circumstances of each case. By looking beyond the obtuse imperative to “get tough”, a judge can craft a sentence that neither threatens the safety and security of the public nor condemns the offender to a lifelong cycle of recidivism.
Equitable and progressive though they might be, however, Parliament’s sentencing principles do not take into account the backlog that plagues the criminal justice system. Too often, prisoners languish in dangerous, dirty, overcrowded jails for weeks and months before their cases can be heard.
It was this dubious “gift” that the two-for-one sentencing regime was meant to address: the policy acknowledged that outrageous pre-sentence delays, coupled with deplorable conditions in some Canadian prisons, resulted in suffering that our sentencing provisions did not countenance. Moreover, this hardship is utterly preventable, but for a lack of public or political will. (As ever, “get tough” is a politically unassailable stance.)
To be sure, giving double credit was a bandage on the problem, not a curative. Jail conditions remain execrable, and the Attorney General’s “Justice on Target” initiative has only just begun to rein in administrative delay. But instead of curing these ills, the government has decided to rip off the bandage.
In that respect, Maclean’s was right: it’s a no-brainer.
“Dentist” Charged…
Tips have led to charges against a London man today after London Police discovered what appears to be an unlicensed dental practice in the city’s south end. Humberto Solano Rosania is charged with assault causing bodily harm and fraud stemming from an investigation that commenced because of community tips.
I have spoken with an insider, who wishes to remain anonymous, in the London dental community who indicates that this does not surprise them. They indicate that this was probably a person who was a practicing dentist in another country who failed to obtain licensing here in Canada.
The London Free Press article indicates that the Royal College of Dental Surgeons of Ontario are cooperating with the investigation.
It is unknown if Rosania is actually licensed with the RSDSO, and if he has applied for licensing in the past.
Register Before Revolution
Before attempting to overthrow the government in South Carolina, you must register your organization, for a $5 fee.
You have to name the organization, identify where you are based, describe your beliefs, and list your revolutionary members.
The state’s Subversive Activities Registration Act says,
SECTION 23-29-50. Registration by subversive and foreign-controlled organizations.
Every subversive organization and organization subject to foreign control shall register with the Secretary of State on forms prescribed by him within thirty days after coming into existence in this State.
SECTION 23-29-60. Registration of members of subversive and foreign-controlled organizations.
Every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means, who resides, transacts any business or attempts to influence political action in this State, shall register with the Secretary of State on the forms and at the times prescribed by him.
Although it’s reported that the law was first passed last year, Sen. Larry Martin claims it dates to 1951 and was meant to deter communists by charging those who obviously would not register with a $25,000 fine and 10 years in prison.
A copy of the form can be found here. Just don’t tell us that you’re filling it out.
Parliament Set to Fight over Crime
Before Stephen Harper prorogued Parliament, before he made sure to be televised hobnobbing with athletes at every possible turn at the Olympics, he had filled the Lower House with a slate of crime bills, which all died upon prorogation. Now they’re back, and Harper is ready to be “tougher on crime” than ever before.
But the Liberals aren’t so ready to let the Conservatives push through their “tough on crime” agenda. Dominic LeBlanc, a former (and, hopefully, future) contender for the Liberal helm, now justice critic, was quoted in today’s National Post:
“This is the first government to politicize the Criminal Code,” said Mr. LeBlanc.
He accused the Conservatives of bringing forward “gimmicky” bills with “silly names” such as the “Protecting Canadians by Ending Sentence Discounts for Multiple Murderers Act.”
The politicization of justice reform has been a topic for concern since Harper’s ascent. In any event, we’re bound to hear the terms “soft on crime” and “tough on crime” thrown around a lot as our legislators return to work after their vacation.
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- British Columbia (Ministry of Education) v. Moore: Comparing Approaches to Comparator Groups in the Context of Anti-Discrimination Legislation
- So You Got Punched By a Cop: Disciplinary Action or Civil Suit? Issue Estoppel in Penner v. Niagara (Police Services Board), 2010 ONCA 616
- The ‘Return to Unanimity’ in Insite and Division of Powers Jurisprudence: Chief Justice McLachlin’s ‘Oversight’
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