Alta Prov Ct finds 10(b) violation for failing to give detainee access to Google to search for a lawyer: http://canlii.ca/en/ab/abpc/doc/2013/2013abpc13/2013abpc13.html#par19 … Retweeted by Graham T. Clark Expand On February 13th, 2013, the above was a tweeted by a past Criminal Lawyers Association President’s law group. Thanks Frank. The point is simple: if you are under detention at … Continue Reading →
As a lawyer, I am not supposed to say anything publically that would bring the administration of justice into disrepute. And I should not attack another lawyer or Judge without them having an opportunity to defend their position, or at least acknowledging their position as one upon which reasonable people can disagree. That said, it … Continue Reading →
On Wednesday, November 9, 2011, Rob Ford said publically of #Occupy Toronto: “Again I have to confirm this with the chief and I’m not here to speak on the chief’s behalf … I think everyone can appreciate it’s been a peaceful protest but I think it’s time that we ask them to move on.” (http://goo.gl/8On4U) … Continue Reading →
“Score two for the gangs of Toronto: Those who shoot little boys dead and those sworn to uphold the law.” This is the pithy opening of the Star column titled “Cops, gangs and the codes of silence that undermine justice” (http://goo.gl/oXhls) The writer likens the recent acquittal of two murder suspects to the failure of police … Continue Reading →
In murder cases and even ‘less serious’ cases of violence against a member of the community, it is common to see the family of the victim in the front row of the courtroom during the trial. Outside they will be photographed by the media and asked for comments. Sometimes family members are invited to provide … Continue Reading →
The position of the U.S.A. as a world leader in incarceration was recently phrased as follows: “In the year 2000, 2 million (or 25%) of the world’s 8 million prisoners were housed in the U.S. (which only has 5% of the world’s population). That figure grew to nearly 2.3 million in 2010.” (http://goo.gl/Bqtwu) To bring the … Continue Reading →
The report “Judge removes accused murderer from trial” exemplifies many things, including the fact that self-representation is not generally a good idea. Prior to being outright removed from his own trial, the accused’s cross-examination technique had been one of the problems facing Mr. Justice Clark [no relation to this writer]. As reported: “Mr. Kassim. Now … Continue Reading →
I while back I sent a Globe and Mail piece to Twitter as follows: In the post-Charles Smith world, justice seems tempered by fear http://t.co/1gXfMTp via @globeandmail “In fairness to Dr. Smith..???!!!” Thank goodness the Globe and Mail has now made the piece unavailable (except for subscribers to GlobePlus). The full quotation referred to was … Continue Reading →
Kirk Makin recently reported “Top jurist urges review of ‘coercive’ plea bargaining system” (Globe and Mail, Mar. 07, 2011: http://www.theglobeandmail.com/news/national/top-jurist-urges-review-of-coercive-plea-bargaining-system/article1933161/; see also http://www.thestarphoenix.com/news/Crime+agenda+increasing+abuse+plea+bargains/4414077/story.html) Among other things, Mr. Makin noted that “Judge Rosenberg told a weekend legal conference that plea bargaining is the result of “a big lie”: the legal system’s claim that defendants will not … Continue Reading →
I sent a National Post piece to Twitter the other day because I was struck by a letter which included the following: “In my career as a family lawyer, I came to realize that judges are abysmal at discerning liars from truth-tellers. And when they are uncertain about the facts, judges typically search for a … Continue Reading →
