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	<title>Comments for Law is Cool</title>
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	<link>http://lawiscool.com</link>
	<description>The law school blog and podcast from Canada</description>
	<lastBuildDate>Wed, 08 Feb 2012 00:00:08 +0000</lastBuildDate>
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		<title>Comment on On grandmothers and stunt driving by Ethan</title>
		<link>http://lawiscool.com/2010/03/19/on-grandmothers-and-stunt-driving/comment-page-1/#comment-16219</link>
		<dc:creator>Ethan</dc:creator>
		<pubDate>Wed, 08 Feb 2012 00:00:08 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2541#comment-16219</guid>
		<description>Yes the wonderful Section 172 I have had some experience with it.  What boggles my mind is that if the defense of due diligence is available and a judge believes the accused that he or she was not going say 50 over the speed limit but was going only 30 over the speed limit shouldn&#039;t the judge acquit the defendant of the stunt driving charge and that is the end of the case.  What I find is that the judge convicts the defendant for speeding even though the charge was not speeding because the defendant testifies that no I was not gong 50 over the speed limit I was going about 30 over the speed limit.  The judge has an option to either believe the defended or not believe the defended.  If the judge believes the defended than it means that the charge of stunt driving is dismissed but why is it that a judge can convict for speeding even though the defendant was not charged for speeding.

Also in regards to going 50 over it makes absolutely no sense to add that to the Section 172 why not make the fines and penalties of speeding 50 over the limit under section 128 higher or more stringent.

So lets say this person is now after trial convicted of speeding and not stunt driving. The defendant ends up paying fines for the speeding.  So what happens to the 7 day suspension that goes on the defendants record for being charged for stunt driving.  What happens to the money that the defendant pays to the tow yard... what in the world happened to our constitutional right of &quot;innocent until proven guilty in a court of law&quot;. If some bodies charged and ends of getting a punishment for it whether a fine or a suspension or paying costs or all of the above doesn&#039;t that assume that that person is guilty already and lets say those charges are dismissed why in the world should the abstract of the defended still indicate there was a 7 day suspension and also end up paying for the tow and storage costs. 

I apologies for rambling on about this but there is something wrong with our system and how come no body is really doing anything about it to make changes.  I am sure people have attempted but there is aught to be something possible.</description>
		<content:encoded><![CDATA[<p>Yes the wonderful Section 172 I have had some experience with it.  What boggles my mind is that if the defense of due diligence is available and a judge believes the accused that he or she was not going say 50 over the speed limit but was going only 30 over the speed limit shouldn&#8217;t the judge acquit the defendant of the stunt driving charge and that is the end of the case.  What I find is that the judge convicts the defendant for speeding even though the charge was not speeding because the defendant testifies that no I was not gong 50 over the speed limit I was going about 30 over the speed limit.  The judge has an option to either believe the defended or not believe the defended.  If the judge believes the defended than it means that the charge of stunt driving is dismissed but why is it that a judge can convict for speeding even though the defendant was not charged for speeding.</p>
<p>Also in regards to going 50 over it makes absolutely no sense to add that to the Section 172 why not make the fines and penalties of speeding 50 over the limit under section 128 higher or more stringent.</p>
<p>So lets say this person is now after trial convicted of speeding and not stunt driving. The defendant ends up paying fines for the speeding.  So what happens to the 7 day suspension that goes on the defendants record for being charged for stunt driving.  What happens to the money that the defendant pays to the tow yard&#8230; what in the world happened to our constitutional right of &#8220;innocent until proven guilty in a court of law&#8221;. If some bodies charged and ends of getting a punishment for it whether a fine or a suspension or paying costs or all of the above doesn&#8217;t that assume that that person is guilty already and lets say those charges are dismissed why in the world should the abstract of the defended still indicate there was a 7 day suspension and also end up paying for the tow and storage costs. </p>
<p>I apologies for rambling on about this but there is something wrong with our system and how come no body is really doing anything about it to make changes.  I am sure people have attempted but there is aught to be something possible.</p>
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		<title>Comment on LSUC Consultation on Articling by KS</title>
		<link>http://lawiscool.com/2011/12/22/lsuc-consultation-on-articling/comment-page-1/#comment-16202</link>
		<dc:creator>KS</dc:creator>
		<pubDate>Tue, 07 Feb 2012 16:41:01 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=3271#comment-16202</guid>
		<description>As a third-year law student at an Ontario law school, I believe that it is NOT a problem of location. 

I attended the Articling &amp; Beyond career fair, where a number of practitioners from smaller communities told me and other students that they wanted to hire new calls and not articling students. Others told us that they were not interested unless we could demonstrate strong ties to their respective families (e.g. family, elementary school, etc.). 

Moreover, I know firsthand of students at Osgoode, Queens, and the University of Toronto who have expressed their willingness to go to smaller communities - but are still seeking articling positions.</description>
		<content:encoded><![CDATA[<p>As a third-year law student at an Ontario law school, I believe that it is NOT a problem of location. </p>
<p>I attended the Articling &amp; Beyond career fair, where a number of practitioners from smaller communities told me and other students that they wanted to hire new calls and not articling students. Others told us that they were not interested unless we could demonstrate strong ties to their respective families (e.g. family, elementary school, etc.). </p>
<p>Moreover, I know firsthand of students at Osgoode, Queens, and the University of Toronto who have expressed their willingness to go to smaller communities &#8211; but are still seeking articling positions.</p>
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		<title>Comment on About Law is Cool by Shafia honour trial, All the (older) single ladies, Bullying &#171; Anything Anything Anything</title>
		<link>http://lawiscool.com/about-law-is-cool/comment-page-1/#comment-16075</link>
		<dc:creator>Shafia honour trial, All the (older) single ladies, Bullying &#171; Anything Anything Anything</dc:creator>
		<pubDate>Fri, 03 Feb 2012 06:11:03 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?page_id=420#comment-16075</guid>
		<description>[...] Law is Cool is run by keen Canadian law students who find ways to make things like city legislation actually interesting.  Share?Like this:LikeBe the first to like this post.  Tagged aging, Beyonce, bullying, dating, domestic violence, honour killings, Ok Cupid, Rob Ford, subways, taxpayers [...]</description>
		<content:encoded><![CDATA[<p>[...] Law is Cool is run by keen Canadian law students who find ways to make things like city legislation actually interesting.  Share?Like this:LikeBe the first to like this post.  Tagged aging, Beyonce, bullying, dating, domestic violence, honour killings, Ok Cupid, Rob Ford, subways, taxpayers [...]</p>
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		<title>Comment on About Law is Cool by Shafia honour trial, All the (older) single ladies, Bullying &#171; Anything Anything Anything</title>
		<link>http://lawiscool.com/about-law-is-cool/comment-page-1/#comment-16073</link>
		<dc:creator>Shafia honour trial, All the (older) single ladies, Bullying &#171; Anything Anything Anything</dc:creator>
		<pubDate>Fri, 03 Feb 2012 05:51:22 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?page_id=420#comment-16073</guid>
		<description>[...] of law, Law is Cool is run by keen Canadian law students who find ways to make things like city legislation actually [...]</description>
		<content:encoded><![CDATA[<p>[...] of law, Law is Cool is run by keen Canadian law students who find ways to make things like city legislation actually [...]</p>
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		<title>Comment on Profile of a Stalker by Anne</title>
		<link>http://lawiscool.com/2008/06/23/profile-of-a-stalker/comment-page-1/#comment-16019</link>
		<dc:creator>Anne</dc:creator>
		<pubDate>Thu, 02 Feb 2012 11:52:15 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=479#comment-16019</guid>
		<description>You left out someone in your scenario. Most commonly I believe are stalkers who are ex&#039;s AND sociopath/narcissists/abusers. It is wrong to characterize sociopaths as most commonly the &quot;murderer&quot; type when in fact most people with anti social personality disorder or narcissists do most of their harm behind closed doors and get away with it. Often they are even well thought of in their community. Many of those types are stalkers too. One person I used to be involved with was just such a type and no they are are not that way when you first meet them. In fact they are overly charming and engaging. 

I just had to change my phone number again..the fear comes because these people have zero boundaries and don&#039;t allow you any so what else will they do? Just this week I&#039;ve had test messages saying how I have some &quot;bad karma&quot; coming to me, how hated I am, etc. etc. and this after my not even talking to this person for eighteen months. This is the second time I&#039;ve had my number changed. He calls old friends of mine, family pretends to be &quot;empathetic&quot; or pitiful and digs info to torment with out of them. 

These people are relentless and will go on smear campaigns to ruin you too. It&#039;s just awful to live under something like this. Criminal harrassment, stalking, threats of any kind should be taken very seriously. Maybe there is only physical &quot;violence&quot; one percent of the time but, that does not include the health issues that arise in these situations. I had adrenal failure due to a constant state of fear for two years. Now I&#039;m on meds for that and it&#039;s wrecked havoc with my health in other ways so it is not &quot;just&quot; about the emotional and mental torment. It&#039;s abuse.</description>
		<content:encoded><![CDATA[<p>You left out someone in your scenario. Most commonly I believe are stalkers who are ex&#8217;s AND sociopath/narcissists/abusers. It is wrong to characterize sociopaths as most commonly the &#8220;murderer&#8221; type when in fact most people with anti social personality disorder or narcissists do most of their harm behind closed doors and get away with it. Often they are even well thought of in their community. Many of those types are stalkers too. One person I used to be involved with was just such a type and no they are are not that way when you first meet them. In fact they are overly charming and engaging. </p>
<p>I just had to change my phone number again..the fear comes because these people have zero boundaries and don&#8217;t allow you any so what else will they do? Just this week I&#8217;ve had test messages saying how I have some &#8220;bad karma&#8221; coming to me, how hated I am, etc. etc. and this after my not even talking to this person for eighteen months. This is the second time I&#8217;ve had my number changed. He calls old friends of mine, family pretends to be &#8220;empathetic&#8221; or pitiful and digs info to torment with out of them. </p>
<p>These people are relentless and will go on smear campaigns to ruin you too. It&#8217;s just awful to live under something like this. Criminal harrassment, stalking, threats of any kind should be taken very seriously. Maybe there is only physical &#8220;violence&#8221; one percent of the time but, that does not include the health issues that arise in these situations. I had adrenal failure due to a constant state of fear for two years. Now I&#8217;m on meds for that and it&#8217;s wrecked havoc with my health in other ways so it is not &#8220;just&#8221; about the emotional and mental torment. It&#8217;s abuse.</p>
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		<title>Comment on Can a police officer still give you a ticket if they’re not wearing their hat? by Bob Bennett</title>
		<link>http://lawiscool.com/2010/05/04/can-a-police-officer-still-give-you-a-ticket-if-they%e2%80%99re-not-wearing-their-hat/comment-page-1/#comment-16012</link>
		<dc:creator>Bob Bennett</dc:creator>
		<pubDate>Thu, 02 Feb 2012 05:02:36 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2634#comment-16012</guid>
		<description>he lied to you.  the only reason he would even be close to right would be if they had a dept policy on the uniform, but he doesn&#039;t have to be wearing a hat to give a  ticket.  In fact, I never wore a hat on duty and still wrote tickets.  

Not sure how he pulled you over in his personal car, without lights and stuff.</description>
		<content:encoded><![CDATA[<p>he lied to you.  the only reason he would even be close to right would be if they had a dept policy on the uniform, but he doesn&#8217;t have to be wearing a hat to give a  ticket.  In fact, I never wore a hat on duty and still wrote tickets.  </p>
<p>Not sure how he pulled you over in his personal car, without lights and stuff.</p>
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		<title>Comment on These Days the Slaves Fight Back by KC</title>
		<link>http://lawiscool.com/2012/01/24/these-days-the-slaves-fight-back/comment-page-1/#comment-15974</link>
		<dc:creator>KC</dc:creator>
		<pubDate>Wed, 01 Feb 2012 19:07:52 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=3287#comment-15974</guid>
		<description>I agree with David.   Obviously &quot;slave[ery]&quot;, in the formal sense of the word, is an awful, despicable and unpardonable practice but the term &quot;slave&quot; has been used colloquially in the English language for as long as I can remember to refer to one who endures harsh working conditions and/or receives inadequate compensation for that work (obviously it is only the former in this case, but it is already hyperbole to use &quot;slave&quot; in its colloquial sense so where is the harm in a bit more hyperbole?).   

Most dictionaries I have seen include that usage among others.   I must have heard it used hundreds if not thousands of times in that during my 30 years on this earth and this is the first time I&#039;ve ever heard of anyone taking offence to it.   Ascribing any &#039;insensitivity&#039; to Davies for this campaign seems unfair given the commonplace colloquial use of the term and the lack of any criticism of that colloquial use.   If you really want to delegitimize the use of that term that is fine but you have to at least lay the groundwork for that before you accuse others of insensitivity. 

Seems like a tempest in a teapot to me.</description>
		<content:encoded><![CDATA[<p>I agree with David.   Obviously &#8220;slave[ery]&#8220;, in the formal sense of the word, is an awful, despicable and unpardonable practice but the term &#8220;slave&#8221; has been used colloquially in the English language for as long as I can remember to refer to one who endures harsh working conditions and/or receives inadequate compensation for that work (obviously it is only the former in this case, but it is already hyperbole to use &#8220;slave&#8221; in its colloquial sense so where is the harm in a bit more hyperbole?).   </p>
<p>Most dictionaries I have seen include that usage among others.   I must have heard it used hundreds if not thousands of times in that during my 30 years on this earth and this is the first time I&#8217;ve ever heard of anyone taking offence to it.   Ascribing any &#8216;insensitivity&#8217; to Davies for this campaign seems unfair given the commonplace colloquial use of the term and the lack of any criticism of that colloquial use.   If you really want to delegitimize the use of that term that is fine but you have to at least lay the groundwork for that before you accuse others of insensitivity. </p>
<p>Seems like a tempest in a teapot to me.</p>
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		<title>Comment on Discrimination at the University of Ottawa? by KC</title>
		<link>http://lawiscool.com/2012/01/31/discrimination-at-the-university-of-ottawa/comment-page-1/#comment-15971</link>
		<dc:creator>KC</dc:creator>
		<pubDate>Wed, 01 Feb 2012 18:27:58 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=3310#comment-15971</guid>
		<description>A side story here is why on earth you would have a 120 page Statement of Claim.   Does Ontario not have the same rule as they do in the jurisdictions I&#039;m familiar with that a Claim is supposed to be brief?</description>
		<content:encoded><![CDATA[<p>A side story here is why on earth you would have a 120 page Statement of Claim.   Does Ontario not have the same rule as they do in the jurisdictions I&#8217;m familiar with that a Claim is supposed to be brief?</p>
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		<title>Comment on Employee Privacy in Canada by Mary Puto</title>
		<link>http://lawiscool.com/2008/01/02/employee-privacy-in-canada/comment-page-1/#comment-15935</link>
		<dc:creator>Mary Puto</dc:creator>
		<pubDate>Wed, 01 Feb 2012 08:03:14 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/2008/01/02/employee-privacy-in-canada/#comment-15935</guid>
		<description>Is it lawful for an employer to disclose his own personally gathered notes of information about an employee as well as letters regarding employment issues exchanged between the two without the employee&#039;s knowledge at a public meeting of  individuals who had been served satisfactorily by the employee?</description>
		<content:encoded><![CDATA[<p>Is it lawful for an employer to disclose his own personally gathered notes of information about an employee as well as letters regarding employment issues exchanged between the two without the employee&#8217;s knowledge at a public meeting of  individuals who had been served satisfactorily by the employee?</p>
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		<title>Comment on Advice for Incoming Mature Law Students by Debbie Adams</title>
		<link>http://lawiscool.com/2009/08/23/advice-for-incoming-mature-law-students/comment-page-1/#comment-15917</link>
		<dc:creator>Debbie Adams</dc:creator>
		<pubDate>Tue, 31 Jan 2012 19:53:24 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=1941#comment-15917</guid>
		<description>What if you have complex layers such as being mature (almost 45), disabled, poor and outspoken - what kind of a mix is that for a law student. I attended Law School for one year and it is the impetus for my current career as a Diversity Strategist - we need to address the worse case scenarios and not limit ourselves to the little problems that may arise - we could have used a mature students forum in 2005.  Way to go - great information.</description>
		<content:encoded><![CDATA[<p>What if you have complex layers such as being mature (almost 45), disabled, poor and outspoken &#8211; what kind of a mix is that for a law student. I attended Law School for one year and it is the impetus for my current career as a Diversity Strategist &#8211; we need to address the worse case scenarios and not limit ourselves to the little problems that may arise &#8211; we could have used a mature students forum in 2005.  Way to go &#8211; great information.</p>
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