Wednesday, October 24, 2007

Creba slaying: Youth cleared

One of three youths charged in the Boxing Day shooting of Jane Creba has been cleared of manslaughter in her death.

TheStar.com | Crime | Creba slaying: Youth cleared

Toughen up Criminal Code, B.C. says: TheStar.com | Canada |

 

VANCOUVER – British Columbia's solicitor general says gang violence will escalate if the federal government doesn't toughen up the Criminal Code to deal with offences such as last week's murder of six people in a Surrey, B.C., apartment.

TheStar.com | Canada | Toughen up Criminal Code, B.C. says

Wednesday, October 10, 2007

Ramage found guilty in Magnuson's death

Former Toronto Maple Leafs captain Rob Ramage has been found guilty of being criminally responsible for causing the death of his friend in a horrific car crash.

TheStar.com | Sports | Ramage found guilty in Magnuson's death

Monday, October 8, 2007

Defence, prosecution alike reject PC attack on bail system

A very good article by Kirk Makin on John Tory's baseless allegations of "catch and release" policy.  The Ontario voters should be concerned that someone who doesn't even take the time or effort to consider an issue properly before rushing in and standing on a platform of law and order.  Does he really think that people from Ontario are so gullible, fearful, and uneducated as to willingly accept such a crude and short-sighted mentality towards the justice system?

A campaign assault on the bail system by Ontario Conservative Leader John Tory has accomplished the rare feat of uniting both the prosecution and defence bar against his claims.

Even hard-line police advocates are having trouble defending Mr. Tory's claims as well as the targets he has identified in a series of recent commercials and speeches.

national

Defendant does push-ups in court; charges against him dropped | IndyStar.com

I wish I could work out plea bargains like this one for my clients.  

Defendant does push-ups in court; charges against him dropped | IndyStar.com

Thursday, October 4, 2007

Boys held in school sex assault | TheStar.com | Crime

Police have arrested eight boys aged 12 and 13 in connection with the sexual assault of four girls at a Toronto middle school.

TheStar.com | Crime | Boys held in school sex assault

Supreme Court of Canada - Decisions - Hill v. Hamilton-Wentworth Regional Police Services Board

 Supreme Court of Canada The Supreme Court of Canada released a landmark decision today on whether police can be sued for negligent investigation.  The Court held that like all other professionals, police also owe a minimum standard of care to suspects. 

This controversial decision provides potential remedies to police who investigate cases sloppily and thereby expose innocent people to prosecution wrongfully.  As the Court stated, the plaintiff must "establish a cause of action for negligent police investigation, the plaintiff must show that he or she suffered compensable damage and a causal connection to a breach of the standard of care owed to him or her.  Lawful pains and penalties imposed on a guilty person do not constitute compensable loss.  The limitation period for negligent investigation begins to run when the cause of action is complete and the harmful consequences result.  This occurs when it is clear that the suspect has suffered compensable harm."

Per McLachlin C.J. and Binnie, LeBel, Deschamps, Fish and Abella JJ.: The police are not immune from liability under the law of negligence and the tort of negligent investigation exists in Canada.  Police officers owe a duty of care to suspects.  Their conduct during an investigation should be measured against the standard of how a reasonable officer in like circumstances would have acted.  Police officers may be accountable for harm resulting to a suspect if they fail to meet this standard. In this case, the police officers’ conduct, considered in light of police practices at the time, meets the standard of a reasonable officer in similar circumstances and H’s claim in negligence is not made out. [3] [74] [77 ]

Supreme Court of Canada - Decisions - Hill v. Hamilton-Wentworth Regional Police Services Board

Wednesday, October 3, 2007

Texas Ruling Signals Halt to Executions Indefinitely - New York Times

HOUSTON, Oct. 2 — Signaling an indefinite halt to executions in Texas, the state’s highest criminal appeals court late Tuesday stayed the lethal injection of a 28-year-old Honduran man who was scheduled to be put to death Wednesday.

Texas Ruling Signals Halt to Executions Indefinitely - New York Times

Tuesday, October 2, 2007

The New Street Racing/Stunts/Aggressive Driving Law and Regulations: Highway Traffic Act - O. Reg. 455/07

Street Racing Pic

Here is a link to the new street racing laws in Ontario that has been a hot topic in the news of late. 

Highway Traffic Act - O. Reg. 455/07

Exoneration Using DNA Brings Change in Legal System - New York Times

State lawmakers across the country are adopting broad changes to criminal justice procedures as a response to the exoneration of more than 200 convicts through the use of DNA evidence.

Exoneration Using DNA Brings Change in Legal System - New York Times

Monday, October 1, 2007

Defence rests in Ramage trial

What will it be for the former leaf captain?

Former Toronto Maple Leaf captain Rob Ramage had ex-teammate Gary Leeman on his mind the night before a deadly crash, jurors heard today.

TheStar.com | Crime | Defence rests in Ramage trial

Acquittals in blood scandal | TheStar.com | News

Activists and lawyers for victims of the worst public-health disaster in Canadian history lashed out in anger today after an Ontario judge acquitted the former national medical director of the Canadian Red Cross and three other doctors of criminal charges in the tainted-blood scandal.

TheStar.com | News | Acquittals in blood scandal