My 4-year-old son upon hearing the news that Kawhi is leaving: “Maybe it’s becuase he’s so good and he wants to help the other teams that aren’t as good?” True dat, Kaden. True.
#WeTheAppreciative
.
But I still don't wish that Rittenhouse got an unfair trial. I just wish that more people got the fairness that's supposed to belong to us all. (13/13)
To all young lawyers from diverse backgrounds: Do NOT let today get you down. You DO belong in this profession. They are scared because they know the profession is changing and their privilege will soon erode. These anti-diversity campaigns are the last gasp of dinosaurs.
#BREAKING
: In a 2-1 decision in R v Sharma, the
#ONCA
has struck down limits on conditional sentences on grounds that they violate both ss 7 and 15 of the Charter.
#cdnlaw
The problem is not that the judge treated Rittenhouse like an innocent person throughout trial. The problem is that it’s so rare to see the presumption of innocence actually play out in the courtroom – especially when the accused is racialized. (6/13)
2. Americans will raise $2 million to defend a vigilante with a machine gun while millions of presumed innocent but poor people meet their public defender for first time on the day of trial; (11/13)
I’m gonna say that I knew
@alexheine93
and
@Nader_Hasan_law
before they were famous. Just don’t ask them to confirm. ;)
So many lessons to learn from them. But at the top is how to litigate and win with class.
Rest easy tonight. You did good work.
3. police routinely shoot unarmed Black people but the State allows white kids carry around instruments of war with impunity. Lots of reasons to be upset. (12/13)
This is NOT an improvement. Yes - there is now a reasonable suspicion requirement. But now the police can ask you anything they think they need to know to determine whether you’re in breach of the reg.
But I worry that those calls for reform will be co-opted by the tough-on-crime crowd and any legislative reforms will only make it even harder for racialized and Indigenous folks to get fair trial. (8/13)
There are lots of good reasons to be upset about the Rittenhouse trial: eg 1. a Black man who did what Rittenhouse would not live to see a trial; (10/13)
We know this at home here in Canada. The Bill C-51 sex assault trial reforms. The abolition of peremptory challenges. These were well-intentioned measures responding to “wrongful acquittals”. And they’ve made it harder for racialized and Indigenous folks to get fair trials.
All of the critics of Trudeau's appointment of Ms. Elghawaby seem to be saying the same thing: we shouldn't call out racism in Quebec because certain Quebec voters will be offended and Quebec votes are really important. 1/ via
@torontostar
But it’s not judges like Justice Di Luca who need to change. It’s the ones convicting on something less than proof beyond a reasonable doubt who need to change.
Many will say that the system is broken and there will be calls for reform. And the system is no doubt broken. We have a system where the our most venerable constitutional principles are a reality only for a few. That certainly requires fixing. (7/13)
On Friday, the ONCA will release its decision in R v Sharma, in which our client challenged Harper-era restrictions on conditional sentences on s. 7 and s. 15 Charter grounds. We hope that this case will breathe more life into s. 15 as applied to the criminal law.
#cdnlaw
I think that the Wagner Court of 2022 may be the least friendly to Charter rights of any
@SCC_eng
in the post-1982 Charter era — at least in the criminal context. 1/
One of the more troubling aspects of the
#SCC
majority’s decision in R v Beaver is its departure from decades-old precedent on s. 24(2) of the Charter without acknowledging it. 1/
I wish you had pushed for bold criminal justice reform. But you didn’t and the “reforms” your government did pass make it harder for Indigenous and racialized folks to get a fair trial.
First, if we are to be a society that abhors wrongful convictions, we must accept “wrongful” acquittals – no matter how unsympathetic we may find the accused. (2/13)
Justice Lori Anne Thomas! In an otherwise bleak week for justice, it’s great to see one of the best and brightest from the bar get a judicial appointment. Congrats
@LTThomaslaw
!
The Sullivan/Chan misinformation campaign helps distinguish between victims’ rights groups that actually care about survivors and those who lie to push a right-wing tough-on-crime agenda.
From David Cochrane: Speaker expels NDP Leader from the House of Commons for the day for calling a Bloc MP a racist and refusing to withdraw his comments and apologize. Comes after BQ denied Jagmeet Singh unanimous consent to deal with a motion on systemic racism and the RCMP.
Grateful for all of the support from the countless intervener counsel who devoted hundreds of pro bono hours to level the playing field against the State in this appeal. And thank you to our client, Cheyenne Sharma, for trusting us with her case.
And so when judges convict racialized and Indigenous young men on flimsy evidence, but then accused cops get the fair trial that we’re all supposed to get, that gives the appearance of a double standard.
This is hugely flattering. I really hope that Canadian Lawyer doesn’t try to trace the IP addresses of those who voted in this survey. They will no doubt find a lot of votes from Dhaka, Bangladesh (I have a lot of cousins).
Huge congrats to my partner
@Nader_Hasan_law
@stockwoodsllp
on this well deserved recognition. His contributions to Canadian criminal and constitutional law are too numerous to list, even if we limit them to the most recent ones.
EXCLUSIVE: There was an eyewitness, two firings and more than 50 signs of blunt impact trauma.
But the family of Soleiman Faqiri, a mentally ill man allegedly beaten by jail guards, has now learned no one will be charged in his death.
My latest:
If you build more courtrooms and appoint more judges, police and Crowns will find ways to fill them. A culture shift is needed. Resources would become available for important cases like this one if the Crown stopped treating minor criminal offences like capital cases.
Very proud of my good friends
@mirzalawyer
,
@emlaminator
and
@AnthonyNMorgan
for launching the Sentencing and Parole Project. These 3 walk the the walk when it comes to combatting systemic racism.
Got my co-author courtesy copy of “Search and Seizure” yesterday.
@EmondPublishing
gave me an extra copy. I’d like to give that copy away to a law student, articling student/law clerk, or new call... (1/3)
It has been a tremendous privilege representing the Faqiri family in their quest for
#Justice4Soli
. This poignant op-ed from Yusuf provides some insight into their strength and resilience.
#onpoli
#cdnlaw
O. Reg. 294/21: ENFORCEMENT OF COVID-19 MEASURES. The absence of requirement of any reasonable grounds to believe — or even suspect — that the individual has violated the stay-at-home measures is absolutely fatal to the constitutionality of these regs.
The SIU’s decision today is outrageous. Police shot and killed a frail, elderly man who posed no threat to anyone. Yet not one officer will face criminal charges.
#BREAKING
: Ontario's police watchdog will not lay criminal charges against police in the death of Ejaz Choudry, a 62-year-old father of four shot and killed by an officer after his family called a non-emergency line for help while he was in crisis.
This is NOT an improvement. Yes - there is now a reasonable suspicion requirement. But now the police can ask you anything they think they need to know to determine whether you’re in breach of the reg.
And when you weaken constitutional rights when it’s popular to do so - be it the right to bail, right to assembly, right against search and seizure - it’s the poor, the disenfranchised, the racialized who suffer the most in the next case(s).
Of course, when it comes to terrorism charges, there seems to be some unspoken additional element of the offence, which is generally a function of the colour of the accused's skin. (3/3)
Clay was a trailblazer, an activist and a brilliant courtroom lawyer. He was also an incredible mentor to generations of lawyers. I will miss him immensely.
.
@theJagmeetSingh
is a Member of Parliament and leader of a major political party. If he does not have licence to call out racism who does? Not a rhetorical question. I’d really like to know.
Proud to be representing these 7 young people, along with my
@stockwoodsllp
colleagues
@jay_saf
and Spencer Bass and a team of brilliant lawyers at
@ecojustice_ca
. We look forward to holding the Ontario govt to account in court tomorrow for its disastrous climate plan.
Many thanks to Ms Sharma for trusting us with her case and for helping improve fairness in sentencing for others. And thank you to my brilliant co-counsel
@SGAylward
as well as all of the interveners whose contributions were truly valuable.
The problem with our system is not conscientious judges applying the reasonable doubt standard. It’s that not all judges out there apply the reasonable doubt standard in every single case.
While today's decision in
#Sharma
is beyond disappointing, the policy justification for
#BillC5
is just as sound as ever. Parliament needs to address Indigenous mass incarceration.
The more interesting question is why we haven't seen discussion about charging some of these folks with terrorism offences. Not that I want to see someone charged with terrorism (I think all of Part II.1 of the Code needs to go) but there is a case to be made here. (1/3)
This is contrary to everything I thought I knew about criminal law: in a group assault, the blow of one attacker is the blow of all. If you take part in a group assault, you are liable for the acts of your accomplices.
The disrespect towards
@pskills43
on some social media is disgusting. Real
@raptors
fans know that
@pskills43
remains a cornerstone of the franchise AND that racism has no place in this city.
#WeTheNorth
R v I.M.: It's rare to get leave to appeal, and very rare to get leave to appeal in a sentencing case. Shout-out to my co-counsel
@SGAylward
and Alex Heine. Hopefully, the
@SCC_eng
will see what we saw: that some lower courts have lost their way when it comes to youth sentencing.
While I am praying that Ms. Sharma prevails, win or lose, there remains a moral imperative for this Government to pass
#BillC5
. The mass over-incarceration of Indigenous people in this country is more than a crisis. It is shameful and a national disgrace.
#cdnlaw
#cdnpoli
Yesterday the
@SCC_eng
rendered a terrible decision in R v Stairs, but the
@Raptors
and
@BlueJays
won big comeback games, so I went to bed happy but less free.
My 5 yr old and I were engaged in an epic game of Monopoly last night. This morning I emerge from JPT to learn that he has “rolled for me” and I landed on his Boardwalk & Park Place hotels 3x in a row. Despite liberal use of Reid Technique, he hasn’t confessed to any shenanigans.
I look forward to bringing habeas applications in Superior Court when bail hearings get delayed (and seeking costs from the Crown). If
@fordnation
thinks this cruel stunt save money, he's wrong.
Yesterday's defensive, ill-informed & bumbling speeches about race by the mostly white Stop SOP benchers made as good a case for EDI initiatives, critical race education and a culture shift in law as any LSO report could have.
If nothing else, thanks for that
@Stop_SOP
. 😞
The Crown repeatedly said today that all of the concerns of the racialized bar associations can be addressed through challenges for cause and requests for trial judges to exercise their stand-aside powers creatively. Sounds like an invitation for sweeping challenges for cause.
In this case, knowing the Party who appointed them tells you very little of the judges' ideology. Thorburn J may be the most Charter-friendly of the three. I am grateful we live in a democracy where the ruling party does not attempt to co-opt the judiciary.
#RuleOfLaw
Three federally appointed judges hearing the case: Charles Hackland, a Liberal appointee (2003); Katherine Swinton, Lib appointee (1997) and Julie Thorburn, Conservative appointee (2006).
If I am wrong, then OPP should waive privilege in that opinion so we can see for ourselves. Soleiman deserved better. The family deserves better.
#JusticeforSoli
One day this person or someone they love will be accused of a crime. And then they will be grateful that there are dedicated defence counsel like you out there.
The law of bail may be Wagner CJ’s most significant achievement thus far (he also wrote St Cloud and Antic). And whatever criticisms one has for St Cloud, the decisions in
#Antic
and
#Myers
are ground-breaking.
#cdnlaw
#scc
R. v. Myers - Judges have to make sure that people put in jail while they wait for trial really need to be there, the Supreme Court has ruled:
#criminallaw
"Living in a less affluent neighbourhood in no way detracts from the fact that a person's residence, regardless of its appearance or its location, is a private and protected place." (R v Le, para. 59).
#scc
#cdnlaw
Congrats to all of the
@BGG_Coalition
members who were elected today. The profession will be in good hands. And shout-out to top-vote getter
@Gerald_Chan_law
. Can't say I'm surprised!
The Côté J dissent in
#Chouhan
is 🔥🔥🔥. The lead decision, on the other hand, suggests that we can deal with potentially racist jurors with a mid-trial instruction "don't be racist".
The Supreme Court of Canada released its reasons in R v Chouhan. The
#SCC
ruled that Criminal Code changes to the jury selection process are constitutional.
This decision will make it very difficult for bail courts in this province to ignore COVID-19 related arguments. This was a bail pending leave to SCC application. Ordinarily, bail is rare in these circumstances. Ergo, COVID-19 is a game-changer.
R. v. Kazman, 2020 ONCA 251 at paras. 16-21: COVID-19 can favour release on bail, even if the applicant is not particularly at risk. Great work by
@catemartell
A little arbitrary detention for a few hours? No problem. We’ll fix that at the station. This guy was denied right to counsel for 5 hours in the back of a police cruiser? No big deal – we’ll give him counsel of his choice later on. 18/
The
@SCC_eng
has granted leave in R v Sharma. It’s disappointing that the feds chose to seek leave to appeal, but we will redouble our efforts to ensure that Feldman JA’s excellent judgment becomes the law of the land.
Really happy to see that my law partner and good friend
@Gerald_Chan_law
is part of this Coalition. Hard to think of anyone more qualified to be Bencher than Gerald.
The trajectory of the
@SCC_eng
bail-related decisions show that the Court has gradually become more aware of realities of bail. There is a night & day difference between St-Cloud and this decision.
R. v. Zora - this is such a clear affirmation of the requirement of subjective mens rea & problems of too onerously imposing bail terms not connected to managing public safety risk. Plus a unanimous Supreme Court is a nice change from decisions as of late.
Important decision. Goodman J finds that accused might not have been released in “normal times” but that COVID-19 pandemic is a game changer. Along with Copeland J.’s decision in J.S., this decision is a “must cite” going forward.