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.
“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.
Georgian Luger Dies as Olympics Commence…
I am going to start this off by saying it is with a sense of sadness that I write this piece.
Twenty-one year old Georgian luger, Nodar Kumaritashvili, died in a training run today at the Whistler Sliding Centre in Whister, B.C. It has been reported that he was travelling in excess of 140 km/h before the incident occurred.
A report by the Toronto Star said “he didn’t have a chance.”
I have seen the video (after doing some hunting around), and the impact was horrifying to put it mildly.
However, since this is a law site. Perhaps this may be too soon, but this incident is definitely going to need some analyzation. The Toronto Star also reports that this specific luge course has a particularly “nasty reputation.”
CTV luge analyst Chris Wightman said experienced lugers aren’t having problems on the course but that less experienced riders are finding it hugely challenging.
Had Vancouver Olympic Committee (VANOC) and the International Luge Federation ensured that this was a safe course? Was the fact that he had previously crashed on Wednesday play a factor into whether an action is brought against the committee?
Questions like these will reveal themselves in the coming days, but for the time being, our thoughts here (and I’m sure I speak for everyone) are with the family, friends, and luging community.
RIP Nodar.
Accused Colonel knew Bernardo…
In an interesting article by the London Free Press, it has been revealed that accused murderer Col. Russell Williams not only attended the same University and classes, but that they were “pals” and hung out together on numerous occasions.
Last week Col. Williams was charged with two counts of first degree murder, sexual assaults, home invasion, and it has been alleged that he committed approximately four dozen break and enters with the intention of obtaining lingerie.
As this case moves forward, nobody really knows where the fallout of this alleged serial predator (because let’s face it, this is what he is) will stop.
Let us focus on the victims and the family of those who have been victimized.
UWO Student’s Charges Stayed…
In an interesting twist, the Crown has decided to stay all charges against fourth year UWO student Irnes Zeljkovic.
Zeljkovic’s incident involving UWO Campus and London Police made national headlines late last year when he was arrested in what some described as nothing more than police brutality. I qualified the arrest both here and on CFRB 1010’s Jim Richard’s Show by saying that I thought all aspects minus the baton strikes were acceptable.
Although no details were released about what transpired in court, Zeljkovic’s lawyer, Phillip Millar of Cohen Highley plans on talking with UWO officials first about his client’s reinstatement and then one can only assume about a potential settlement regarding the arrest.
Also last year, UWO officials hired former OPP Commissioner Gwen Boniface to investigate the incident. To date, no information has been release with respect to her independent investigation.
Doctor Saves Life, But Gets a Speeding Ticket…
Jeffery Halstrom was fighting for his life, while Cardiologist Dr. Michael Kutryk, had been stopped and was receiving a ticket for speeding.
This has opened up a can of worms. Luckily, in the end, Halstrom survived, and Dr. Kutryk plans on fighting the $300 ticket he received for going 35 km/h over the posted 40 km/h speed limit.
This obviously begs the question to be asked? Should doctors have special privileges when travelling to a hospital for an emergency surgery? Should they have special license plates? A portable flashing light? If you think so, what about the liability if the doctor crashes, causes an accident, or what defines an “emergency surgery?”
All things to think about as this case goes before the courts.
Female Ski Jumpers Refused Leave to Appeal
In what must feel like a complete let down only two months before the 2010 Olympics in Vancouver, the Supreme Court of Canada has refused a leave of appeal by a group of female ski jumpers who are demanding for equality with hopes that they too will be allowed to compete alongside their male counterparts in February. The SCC did not release any reasons for their decision.
The women’s lawyer, called the decision a case of “textbook discrimination.”
The trials and tribulations began when the women launched a complaint with the Canadian Human Rights Commission. When that failed, they pursued a court action.
The IOC voted not to include women’s ski jumping at the 2010 Winter Olympics because the sport didn’t meet the necessary criteria for inclusion. The IOC requires that a sport must have contested at least two world championships before it can become an Olympic event. There are also rules dictating how far in advance a sport can be added to the Olympic program.
Podcast: UWO Arrest and Campus Police Use of Force
In October of this year, Irnes Zeljkovic was arrested at the University of Western Ontario by the UWO Campus Police. The arrest was caught on tape by at least two bystanders, who posted videos of the arrest to YouTube. In the videos, the six officers appear to strike Zeljkovic repeatedly with fists, knees, and a metal baton. The incident has raised questions about whether the Campus Police used excessive force in the arrest. The University has now hired a former Ontario Provincial Police Commissioner to review the incident.
On today’s show, Omar Ha-Redeye discusses the Zeljkovic arrest with Phillip Millar and Ryan Venables. Millar is an associate with Cohen Highley LLP in London and is counsel to Irnes Zeljkovic. He is also a former Crown prosecutor and served in the Canadian Forces. Venables is a former police constable and currently a first-year law student at the University of Western Ontario.
Law is Cool Nominated in the Canadian Blog Awards
Law is Cool has once again been nominated in the Canadian Blog Awards. This year, we have been nominated in five categories including Best Blog Overall, Best Blog Post, Best Group Blog, Best Podcast, and Best Professional Life Blog. The preliminary round of voting concludes on December 12th, and the final round of voting takes place from December 13th to 19th. If you enjoy the podcast, please take a moment to vote for Law is Cool.
SCC to hear Pickton’s Appeal
The Supreme Court of Canada has decided that it will hear an expanded list of “errors in law” that helped to convict serial killer Robert Pickton’s appeal.
Street Racing Laws Ruled Unconstitutional… Again!
For the second time, Ontario’s new anti-street racing laws have been deemed unconstitutional. This time Justice Peter Wright, has thrown out charges by indicating the unconstitutionality of the new law.
Justice Peter West, a provincial court judge in Newmarket, found that an accused driver’s Charter rights are “clearly infringed” by the potential jail time because the law doesn’t permit the person to put forward a defence.
“There is no air of reality to the Crown’s submissions that a defendant charged with stunt driving under section 172 of the Highway Traffic Act … has an available defence of due diligence,” West stated in a written ruling.
“The possibility of the imposition of up to six months imprisonment thereby renders this section unconstitutional.”
I can see this going up the judicial ladder. We shall keep our pedal off the metal, until this is decided. It is however, reported that police agencies still plan on enforcing the law.
Cop Tasers 10 Year Old…
In a story that seems even more far fetched than an episode of “COPS” an Arkansas police officer has been suspended in part for applying his taser to a 10 year old girl.
However, the oddest part to this story is not that the officer Dustin Bradshaw was suspended for using the taser, it was for not following police procedure in activating the video camera during the use of the taser.
In another twist, the girls mother gave the officer permission to use the taser.
When I read stories like this, I simply shudder. This use of the taser on a CHILD is a grossly negligent use of this weapon. Yes weapon, this is what a taser is. It is a tool that should be used when you are step away from shooting somebody. Had this officer not had the taser, would have he shot her? Pepper sprayed her? No probably not, I assume he would have taken physical control of her or called for another officer to help him take control of the girl.
I often wonder after reading stories like this or seeing episodes of COPS or other police reality shows that feature real-life footage if officers are straying away from their training and are using what they see on TV as a pseudo-authority for the use of the weapon.
This is not what the taser was intended for, and thankfully, in my experience, not how it is being applied in Canada, with the exception of the Robert Dziekanski incident in Vancouver.
I believe there is a culture of comfort surrounding the taser, whereas some officers are relying on it instead of using good old fashion communication.
Strikers To Target Students…
Yesterday at 00:01, the London Transit Commission went on strike for the first time in almost 30 years. The local 741 Amalgamated Transit Union and the City of London are, depending on who you talk to, either close or far from a deal.
As I am fortunate enough to own a vehicle and I have offered my spare seats to pick up other law students. As I was driving in to pick up a friend, I was listening to the radio and I was glad to hear that UWO had decided to assist students by renting upward of 50 vans to drive students who live more than a 30 minute walk from campus to and from school.
The conversation quickly changed when in the hosts next breath he reported that Pat Hunniford, president of the local transit union, had declared that if UWO goes ahead with trying to provide transportation to its students, that his union would setup a picket line at UWO!
But, he warned, if the University of Western Ontario goes ahead with volunteer drivers using vans to move students, the union will put up picket lines at the campus.
Western’s unions have agreed not to cross those lines, he said.
“The students may get to classes, but they may not have anybody teaching them.”
The longer the strike goes on, the longer it will take for service to resume once a deal is signed, Hunniford added.
Although I understand the importance of unions, I feel that the potential of UWO’s unions holding a sympathy strike would do nothing more than hurt the students. However, I digress.
Back to the LTC picketing UWO’s attempt to provide an reasonable alternative for its students. I immediately thought of the legality of this. In my two months of law school, we have covered cases like this, where the court held that it was illegal to strike on private property (see: Harrison v. Carswell (1975), [1976] 2 S.C.R. 200).
The next thing I thought, is whether the property flowing through UWO’s “boundaries” is actually considered private. For this we can refer back to Harrison v. Carswell where in that case the picketing was occurring on a shopping mall’s property. UWO much like a shopping mall has a direct invitation for people to come on its property to enjoy its use. The dissent in Harrison v. Carswell argued the mall was a public place and as such could be used as such “revocable only upon misbehaviour (and I need not spell out here what this embraces) or by reason of unlawful activity”
However, public and private property in Ontario are also included in Trespass to Property Act, R.S.O. 1990, c. T.21 defines what property (aka premises) is:
“premises” means land and structures, or either of them, and includes,
(a) water,
(b) ships and vessels,
(c) trailers and portable structures designed or used for residence, business or shelter,
(d) trains, railway cars, vehicles and aircraft, except while in operation. (“lieux”) R.S.O. 1990, c. T.21, s. 1 (1).
As with this definition, it would be fully within the power of the UWO administration to prevent LTC picketers from setting up and preventing the transit of students to and from class. Although I am probably missing something under various Ontario labour laws, I am not really prepared to undertake a full research project into the legality of roaming strikes. Should my simple research turn out to be the law regarding this and should the LTC setup picket lines surrounding UWO, I would encourage the administration to take all necessary steps to ensure that students are not only able to have rides to school, but that classes will still occur.
Should the LTC begin to picket UWO and prevent students from obtaining a ride by UWO, any support held by students toward the union will quickly fall.
I applaud the university’s effort in assisting the students, and I, like many Londoners, hope the strike ends soon without holding the students or rest of London hostage in the time being.
If there is more by way of legality that you can add, please do so in the comments section… Thanks.
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