Quiet Times…

16 12 2009

Hey all,

Things are quiet on the online front as the real life me is busy studying and writing exams, and well getting ready for the holidays.

Have a Merry Christmas and Happy Holidays,

Check back soon





Google Wave

26 11 2009

I just received a Google Wave invitation from a good friend… Now to see what all the hype is about.  Regardless, since my move of my personal email to Gmail, I’ve been a happy camper!

Hey Google, I’m expecting big things.  I trust you won’t disappoint!





Ontario “Street Racing” Law Unconstitutional…

23 11 2009

A second judge (Justice Peter West – Newmarket) has dismissed charges under Ontario’s new “Street Racing” laws, saying that they are unconstitutional because the potential jail time has an underlying criminal application.  It has been reported that police agencies will still continue to lay charges.

I can see this one eventually making it to some higher courts before a final determination is brought forth.

Check out the story





BLG Finalist

21 11 2009

Last week, I had the honour of competing in the Borden, Ladner, Gervais, LLP Client Counselling competition with my amazingly talented partner Cassandra Tarrataca.  This competition was reported to be the largest to date, and we were fortunate enough to make it to the finals!

Testing the competitors on life like situations of interviewing a potential client, we were faced with two “white-collar” crime scenarios.

I would like to personally thank the judges, all from BLG’s Toronto office, for sponsoring and making the trip down.  Also for the food and drinks at the finalists dinner afterward.

For a full recap head to the competitions page at UWO Law





Girl, 10 – Tasered

20 11 2009

 

In an odd story out of Arkansas a 10 year old girl was tasered in part because she refused to take a shower.  The officer was subsequently suspended, NOT for tasering the girl, but for not activating the video camera during the incident.

Read the rest of the story at Law Is Cool





Ski Jumpers Wings Clipped

15 11 2009

In a decision sure to disappoint, the BC Court of Appeal dismissed an appeal by a number of female ski jumpers hoping to obtain inclusion to the Vancouver 2010 Olympics.

Aside from obvious Charter issues, the Court said the International Olympic Committee was not bound because it is a Swiss based organization.

The women have not decided if they will seek leave to the Supreme Court of Canada.

See my full story at Law is Cool.





Busy

10 11 2009

Hey all… been a little busy over the last week or so.

Completing a Statutory Interpretation assignment on Mossop v. Canada and now I’m preparing for my first competition at UWO Law, the Cherniak Cup, which is named after Earl Cherniak and sponsored by Lerners LLP.

Will post soon.





Save Criminal Law at UWO

6 11 2009

Today (November 6) there is going to be a meeting to attempt to save / reinstate the criminal law concentration at the University of Western Ontario’s Faculty of Law.

If you are at all interested, join us in room 205 at 13:00:

Here is the original email:

From Patrick Bruce, Student Academic Commissioner

“Hello guys,

I am writing to you in my capacity as Academic Commissioner. What has happened to the Criminal Law generally and the Concentration specifically in the past year has angered many and in my opinion, as a student formerly in the Criminal Concentration, rightfully so. I understand that many of you feel as if your thoughts and opinions have not been taken into consideration, or if they have it has been on an erratic and unorganised basis. I would like to meet with you as a group to really understand what you would like from the administration at this point. To this effect, I would like to meet with you in the next week or so and so I can solidify your/our position with regards to the Concentration and Criminal Law in general. I can promise you this, the Concentrations are being discussed currently and if we do nothing they will be gone, probably with nothing to replace them. To protect your interests I need to hear from you and understand what matters to you. My intention is formulate a concrete response and list of concerns and desires on the part of criminal law students at Western Law.

I understand a lot of you are busy with CLA, CLS, Police-Witness program and other endeavours, so I am trying to gauge when the best time to schedule a meeting is. To this effect, please copy and paste the following two questions with your answers in an email back to me. Just indicate “yes” next to the times you can meet, a blank space will indicate you are not available. Also indicate if there is another time you would be available.

1) Are you willing to meet to help to discuss how to restore criminal law and possibly the concentration to the school for a brief period of an hour?

2) If yes, what time works best for you?
a) Tuesday Nov. 3 @ 1pm-2pm @ 5-6pm Other:
b) Wednesday Nov. 4 @ 1pm-2pm @ 5-6pm Other:
c) Thursday Nov. 5 @ 1pm-2pm @ 5-6pm Other:
d) Friday Nov. 6 @ 1pm-2pm @ 5-6pm Other:

e) Monday Nov. 9 @ 1pm-2pm @ 5-6pm Other:
a) Tuesday Nov. 10 @ 1pm-2pm @ 5-6pm Other:
b) Wednesday Nov. 11 @ 1pm-2pm @ 5-6pm Other:
c) Thursday Nov. 12 @ 1pm-2pm @ 5-6pm Other:
d) Friday Nov. 13 @ 1pm-2pm @ 5-6pm Other:

Please take the time to do this, and please if possible make yourself available. I have already sat on a meeting of the Programs Committee, and they do care about what you think, but right now they seem confused about what you want. I will also be meeting with the Academic Dean Lynk on a regular basis, so we do have an opportunity to be heard.”

Hope to see you there,

Ryan





Is The SIU Playing Politics?

30 10 2009

The Toronto Police Service Association is accusing Ontario’s police watch dog of playing politics, by charging more officers only because of a scathing Ombudsman’s report, that called the Special Investigations Unit a “toothless tiger.”

Now the TPA is “barking back” and taking their message to the media.  A Toronto Sun article outlines some very key points in this debate.

For the full article, please visit Law Is Cool to view my full article.

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V.S.





Police Instigated Montebello – Report Holds

25 10 2009

When the North American Summit Leaders’ Summit was held in Montebello, Quebec in August 2007, something came to the attention of Dave Coles, President of the Communications, Energy and Paperworkers Union.

Amidst a seemingly peaceful protest, Coles noticed that three bandana-clad “burly” men were attempting to incite the protestors to become violent toward riot police.

ot-youtube-montebello-070822

As with many of these situations at the national level, the R.C.M.P. has jurisdiction or control if you will over security, however, then Minister of Public Safety Stockwell Day indicated that security on the front line and directed toward controlling the protesters was the responsibility of Quebec’s provincial police agency, the Sureté du Québec.  That in my opinion, is fairly normal.

What Mr. Coles charged is that the three burly men were actually police officers.  This seems to go against the rationale to what the police were there to do.  To quell violence not insight it.  After concluding in quickie internal investigation there was no wrongdoing, the Comité à la déontologie policière said yesterday in a media release there was grounds to believe wrongdoing occurred on the part of the officers, and has now summoned them to a hearing on the matter.

Now the committee, which has the power to issue binding rulings on the Quebec police, will hold public hearings on the issue within the next six months. The three officers – Jean-François Boucher, Joey Laflamme and Patrick Tremblay – are required to appear - The Globe and Mail reports.

Aside from the obvious disciplinary sanctions that these officers now potentially face.  Mr. Coles and many like him are asking the tough question of who directed these officers to take such action?  Accountability needs to be had in order to restore faith in the public’s perception of how the police handle these situations.

Like one of my other articles, (also found here), I have the fortunate ability to break this down as a former police officer, who was also part of the York Regional Police’s Public Order Unit.  Just to qualify my skills, I receive basic Public Order training at Downsview park with the Toronto Police Service’s Public Order Unit, and did requalification training at C.F.B. Meaford with a number of Ontario police agencies.  I was also deployed to Caledonia at the height of the tension between the First Nations people and local residents.

In my training we were taught how to deal with such situations and my superiors would have never instructed officers to take up such actions.  Just as the protestors arms themselves with video cameras and other “weapons” of technology, so do the police.  In such public order situations, there could be plainclothes officers in the crowd monitoring situations, recording for evidentiary purposes, and watching certain groups known to police to cause problems.  Nothing wrong with that.

But the thought that the police were the ones instigating the problems is quite saddening.  I hope justice is swift, and those responsible, whether it is the Sûreté du Québec, R.C.M.P., or politicians are able to dealt with appropriately.

After watching the YouTube video,

Montebello Protest

And hearing all of the evidence the Committee has ruled in the following manner:

ALLOWS the application for review in respect of the three respondent

sergeants on the allegations stated by the Commissioner in his decision:

Was disrespectful or impolite towards any person (section 5 of the Code);

Used obscene, blasphemous or abusive language (section 5 of the Code);

8 Item 4.10 of the Commissioner’s investigation report.Failed to respect the authority of the law by inciting persons to violence (section 7 of the Code);

Refused to produce identification when a person asked him to do so (section 6 of the Code);

Furthermore, now that the Committee has overruled the Commissioner, the door has probably been opened for a criminal investigation in relation to assault charges against one officer, and potentially this:

Unlawful Assembly:

63. (1) An unlawful assembly is an assem- bly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on rea- sonable grounds, that they

(a) will disturb the peace tumultuously; or

(b) will by that assembly needlessly and without reasonable cause provoke other per- sons to disturb the peace tumultuously.

(2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a man- ner that would have made the assembly unlaw- ful if they had assembled in that manner for that purpose.

Like all interesting developing stories, we shall see where this leads us.