Lead Counsel at Sankoff Criminal Law. Founder of Criminal Defence Essentials. Author of Professor Sankoff's Guides and Professor @ UAlbertaLaw. Proud Dad.
I’m happy the new book arrived today. It signals the end of a very difficult but rewarding year. Hope people find this (huge) new book useful in their practices!
How Doug Ford isn’t getting more flak for Ottawa is beyond me. This is not a municipal (too big) or federal (not their jurisdiction) problem - though these entities can certainly contribute. Ford has done a great job of convincing most people that he is not responsible.
2/ Convoy Law 1: "Anyone has the right to protest any way they want in a public space, regardless of other applicable "laws". At the end of the day, protest trumps everything else.
3/ Convoy Law 2: "Freedom is the most important principle in human society, giving everyone the absolute right to do whatever they want (subject to law 3) in the name of freedom."
4/ Convoy Law 3: "Violence against others is strictly prohibited, unless others try to stop you from exercising your freedoms. When that happens, violence is a viable form of "self-defence".
18/ Convoy Law 17: “The most important legal instrument in Canada is the Canadian Bill of Rights, 1960. Next is the Magna Carta. The Canadian Charter is referred to only when convenient. Nothing can override the Canadian Bill of Rights, which is all about FREEDOM!”
15/ Convoy Law 14: "Canadians who stand for freedom (and support us), are REAL Canadians. All other people living in Canada are "fake Canadians", who don't get freedoms."
12/ Convoy Law 11: "Since the protest has Canadian politicians, like our leader Randy Hiller, on side, the protest is lawful. Any attempt to stop the protest by force is, ipso facto (we needed some latin), unlawful."
9/ Convoy Law 8: "Canadian police cannot arrest you for defending your freedoms. Any notice of such intention can be refused by simply refusing to read it or listen. Any lack of knowledge of the law, however wishful, is a defence to any Canadian "crime".
5/ Convoy Law 4: "As per Convoy Law 2, health regulations and other types of government interference cannot stop the exercise of freedom. Cook, feed yourself, sauna and bathe at your convenience, all in the greater service of protest."
7/ Convoy Law 6: "Court orders from "Canada" do not override any of the Convoy Laws. They are, at most, optional. Freedom, as always, trumps all other considerations.
17/ Convoy Law 16: “The fake news media must be harassed and yelled at. Assault optional, but legal. Only real media like Fox and Rebel news deserve respect and must be obeyed at all times.”
14/ Convoy Law 13: "As always, freedom and protest trump everything else (except smuggling guns in to the convoy - that's bad). Freedom, freedom, freedom. When in doubt, sing O'Canada. Convoy Law demands that every officer hug you. Kisses are optional."
8/ Convoy Law 7: "Police must be embraced as members of the protest until they become aggressive. At that point, Convoy Law 3 kicks in. Defend your freedoms."
6/ Convoy Law 5: "Always encourage others to join the cause of freedom. The Canadian "law" of "counselling" has no application when a protest is involved. Push for others to join the cause at all times."
I’ll say this again. The fact that arrests have not taken place in Windsor and Ottawa is because Doug Ford has not ordered it to happen, or the police are not following orders. There might be good reasons for both, but there we are.
11/ Convoy Law 10: "Being friendly to others is the key to a lawful protest. If you are friendly and do not cause physical violence (except in resisting those who try to take freedoms), you cannot be charged with any Canadian criminal offence."
13/ Convoy Law 12: "Any grammatical errors in a police notice to end the protest render such notice nugatory. Search for such grammatical errors to raise in Canadian court if protest somehow is ended."
7/ But if you do it for the purpose of assisting an actual crime and know this (the Ottawa gang all know this - the police told them!) you are committing a crime. Hope that helps!
As I stated earlier today, at the core of all of these Convoy defenders is the belief that "protest", whatever form it takes, is, by definition, "lawful", so long as it is non-violent (in the main). This belief has absolutely no credibility whatsoever in any civilized society.
I’m coming to the realization that the biggest victim of the past two weeks might well be our belief in government and the rule of law. I can’t be the only one feeling let down right now.
3/ Not so. If they wished, police could arrest them all. Why? Because every person knows they are trying to create a deception designed to assist the obtaining of more gas for the trucks - the underlying crime that has prompted this behaviour.
If history has taught us anything, it's that if you want to believe something, you'll find justifications for it, in spite of evidence to the contrary. The internet didn't start this - it just made it much easier to find "proof" to support beliefs, and friends who share them.
@CarymaRules
Not that the police need to provide any notice whatsoever, and certainly not twelve hours notice (I wish my clients got such courtesies), but what the hell is “assisting an illegal activity”.
6/ As I tell my students, you don’t have to do something that is actually illegal to commit a crime. Carrying an empty can is no crime. Nor is wearing a mask
@outside
a bank.
4/ Say I rob a bank wearing a certain mask. I get the money myself. But I have ten friends planted outside the bank wearing the same clothes and masks. We all disperse to lessen the chance I get caught.
I part company with you here. She ran a sexual assault centre whose job it is is to comfort survivors, and believe allegations. To question those allegations in that context, in that letter, is highly problematic, and I'm surprised you don't see that.
Let’s get a few things straight;
- I’m a criminal defence lawyer. Allegations of crimes need to be proven. Show me a real lawyer who says otherwise.
- She signed a letter calling for a ceasefire.
- The letter doesn’t “deny rape” - it says politicians shouldn’t parrot the IDF
@petersankoff
in the simplest terms, to share with the simpletons on the other side, what made the protest in ottawa turn from peaceful assembly turn into an unlawful occupation?
Voting for Smith "is unlikely to yield better government. It will simply strengthen Smith’s hand and will lead to much more of the chaotic unhinged government we’ve seen for the past seven months."
2/ Its not actually that complex. There seems to be some belief that while carrying in full gas cans might be assisting in the ongoing convoy (mischief and breach of lawful order when they honk), the empty cans don’t really do anything. Thus not a crime.
My great-grandfather died in an actual genocide. My great-uncle lived through one. What is going on in Gaza is tragic, terrible and heartbreaking. I grieve for the people dying on the ground. The idea that Israel is trying to wipe out or "cleanse" Gaza is rhetorical stupidity.
@IRPlawyer
It does not. Aiding focuses on the person’s belief and purpose. Proof that the underlying crime was actually committed is relevant evidence to showing that purpose, but is not essential.
+1. Both
@CarymaRules
and I share the view that the biggest fault here lies with the person who seems to be escaping the blame: Doug Ford. He had the ability to repair matters early, and did not.
All of which could have been done under ON provincial emergency orders and was not. I’d really love to see questions directed to Queens Park about why they didn’t take these steps? There seems to be a lack of public accountability at the provincial level which I find concerning.
#100Interns
- With some unbelievable help, in exactly six weeks we've managed to fundraise $120,000 ($119,000 - but we'll get there) and employ 100 students in part-time summer jobs that will give them hope and experience. Current mood:
As this Ottawa nightmare comes to an end, one big question for me remains: how the f —- has Randy Hillier not been arrested? Like what does it take?
#ArrestRandyHillier
More disinformation. The protest became illegal shortly after it began. By the end of Day 1, when convoy people set up residence, it was unquestionably illegal. This is yet another false narrative.
When did the protest become illegal?
When the Emergencies Act was invoked.
Why was the Emergencies Act invoked?
Because the protest was illegal.
When did the protest become illegal?
When the Emergencies Act was invoked.
~ Courtesy of Abbott and Costello 2022
Twenty five years after starting work as her law clerk, I got to spend an amazing afternoon with Claire L’Heureux Dube in Quebec City. We talked about old times and even analyzed recent SCC jurisprudence, which she reads with great care. What a wonderful day!
This tweet is what's outrageous. A judge reached a verdict. She had reasonable doubt re: murder. Attacks on the verdict like this from a body that represents those tasked with enforcing justice are extremely troublesome.
This is an outrageous and extremely disappointing verdict for the murder of a police officer. What a huge injustice to Sgt. Harnett, his family and the entire policing community.
I must say I find it weird to watch Ezra Levant going off on Jason Kenney. Seems there’s true hatred there, which must be personal, because I don’t see many ideological differences.
I’m no bot.
#arrestrandyhillier
on 12-15 counts of counselling extortion, mischief, obstruct police, intimidation of journalists, and, if I was feeling bold, s 262(b). Counts for Coutts, Windsor and Ottawa. He needs to be held accountable.
Calls have emerged for Randy Hillier's arrest after he urged protesters to disobey a request from Ottawa police that people not tie up their phone lines.
I am thinking of doing a free online talk about "Complexity in the Criminal Law: Looking for Solutions. I'll need 100 likes of this tweet to seriously consider it.
16/ All in all, a shitty situation. But that's where we are in Danielle Smith's Alberta. Dealing with shitty situations because that are, if not the direct fault of the Premier, the indirect result of her approach to law.
I'm beginning to think I need an altogether new podcast (not going to happen). I can do it with
@CarymaRules
, and we can call it "Pseudo Law". It would deconstruct all the myths and incorrect legal statements floating around out there in the world.
I've heard students wish to attend my Hearsay seminar. I'm going to test that theory. I'll set up a separate 1 hr seminar next week for students, cost $10, all proceeds to charity, if this post gets 75 likes - all from law students (I will check!). If not, the market has spoken.
Arrest and prosecution are important, because it will also allow for the forfeiture of the trucks under s 490.1 of the Code as offence related property. thanks
@LeoFugazza
1/ Apologies in advance, this is going to be a long thread about a special man and a special friendship. I learned this morning that my Great Uncle David Moscovitch died at the age of 102. I've tweeted about him before, but I'd like to honour him further here.
Police chiefs, defence lawyers, most Crowns and just about every Professor of criminal law I can think of. Who doesn't want it? Politicians and many Canadians who (wrongly) think decriminalizing will encourage and promote drug use.
Should we decriminalize all drugs in Canada? Police chiefs think so.
On this
#uncommonspod
, Police Chief Bryan Larkin speaks to his 30 years of policing and explains why he and the
@CACP_ACCP
are calling for serious drug law reform.
Listen here:
I’m calling for to be arrested because he has committed criminal conduct of a severe nature. He can say what he likes of a political nature, but inviting people to resist in Ottawa and join blockades is counselling. Arrest him.
The radical leftists on Twitter now want police to
#ArrestRandyHillier
.
They don't like what MPP
@randyhillier
has to say, so they think he SHOULD BE ARRESTED FOR SAYING IT.
They are calling for their political opponents to be arrested.
3/ Nonetheless, let's work through the themes. First, to state the obvious - this can't happen. The Premier's office (staffer or Premier - worse if it's the latter) cannot contact prosecutors and "challenge their assessment and directions". It's an obstruction of justice.
@BobAndersonYYC
@petersankoff
Thank you. Happy to point out how the convoy protest was peaceful, no destruction, no looting, no violence. Claiming that bouncy castles and a hot tub are as egregious as the actions of the BLM riot supporters, is only possible by ideological justification
This is absolutely hilarious. Oh wait. You meant it seriously??? To be clear, the law is both unconstitutional and incoherent, does not respect the rule of law, and simply makes Alberta a laughing stock. Sincerely, Professor and "National Lawyer" (I try cases everywhere).
The 'Alberta Sovereignty Within a United 🇨🇦 Canada Act' is constitutional, respects the rule of law, & stands up for Alberta!
Read more:
1)
2)
3)
#cdnpoli
#SovereigntyAct
#abpoli
6/ But I'm not sure she's off the hook even if she had no involvement whatsoever. This incident does not "come out of the blue". It follows a week of controversy about her stating that she contacts prosecutors. I'm just a lowly Evidence Prof, but there is....
It takes a lot of probing and digging, but eventually if you speak enough with those pushing the “Israel is a settler colonialist” regime enough, you get to the conclusion that they believe Israel should not exist at all.
We just completed a survey about results of
#100Interns
. Wow. The results almost made me cry w/ joy. 56 replies. More to come but quickly: 4 students got articling positions w/ their mentors; 7 more encouraged to apply; 17 others got full or parttime summer jobs beyond the 3 wks.
Hello all, I have been hospitalized for a serious matter (non-covid) that is not immediately life threatening. I have every intention of completing the 100 Interns project if I can. But all activities suspended until April 28. Details to come when I am able.
It's been a very intense few weeks, and there is a lot going on in my life. It has been fun being part of the conversation about Canada, and I look forward to doing more of it in future. But I am taking an indefinite Twitter break to focus on other things. Stay well everyone!
Again, I admire the boldness of the UCP response, for all its risk. Despite plenty of smoke, Smith and her team decide to go on the attack and force the issue. This isn't going to end well for someone, and at the moment, I'd bet that "someone" will be the UCP.
1/ Thanks to everyone for the awesome support. We're well over 500 likes.
@CarymaRules
and I are actually keen to write this, and have a lot of ideas. If you've read my Convoy Laws, I think there's a lot to say, and it will be important as we deal with more of these uprisings.
Seriously, I think we can discuss what is happening in Canada without constantly referring to the fucking Nazis. And I don't give a shit if a few Nazi flags were flown at the "protest". Let's give this a rest, please?
All of the defence lawyers' associations in Alberta are taking the drastic step of threatening to withdraw services to Legal Aid Alberta, and to clients across the province (for new files). I support them.
7/ A fair bit of circumstantial evidence to suggest that she encouraged contacting prosecutors in EXACTLY THIS SORT OF CASE. In a BEST CASE scenario, this "rogue" staffer did what the Premier was suggesting (even with a backtrack) is what should be done.
Maybe articling students need a union. It's becoming more apparent to me that neither the "free market" nor the law societies are doing enough to protect them.
1/ I am briefly interrupting my twitter break to announce some major news. With my associate
@GagnierHeather
, I have left
@BottosLaw
. I will announce our plans for my new firm later this week, but today I wish to speak about my "home" for the past 4.5 years.
14/ So in a nutshell, I had a brain hemorrhage and lived to tell about it. I am convinced this event, painful and unfortunate as it was, has been a real blessing that will transform my future going forward.
I am overjoyed to finally have this two volume set in hand. The end of a 20 year odyssey. The Law of Witnesses and Evidence in Canada is now available!
I'm excited to be heading back to the SCC in 2021. Acting w/
@rudnickilaw
, we're representing the
@ClaOntario
in R v GF, which examine an appeal court's right to raise new issues on appeal. Very honoured to be representing the
@ClaOntario
on this. Granted leave by Abella J today.
May not seem like a big moment, but it is to me. This is the first time my new Evidence book has been cited by a court - in particular, the Ontario Court of Appeal, at para. 125. After all the work that went in, it feels great:
5/ Second theme: the magnitude of this story (if true) will turn on who did what and how. If - and it remains a big IF - the Premier had a direct hand in this (and that's been denied), it should be more than enough to require her to resign.
11/ As an aside, I feel AWFUL for the Crowns affected. How they reacted (if this is all true) will be a part of this equation, but they are "victims" of this madness. They will now be scrutinized, and it's not their fault. They didn't ask for this.
19/ Convoy Law 18: "When in doubt, pressure the Governor General or the Queen to exercise their supreme authority and give you what you want, whatever that might be."
Concerned about this. All media leaving the area is going to make this worse, not better. This needs to be documented in some fashion, not just by the convoy itself.
Today is one of those rare days that really has me questioning my faith in those around me. Rough week all around. I try to stay positive but there are limits.
It’s disturbing to see disinformation spread about me in real time:
1) I produced some of the most valuable
#FreedomConvoy
footage, at my own risk.
2) My credentials & tangible work are unassailable.
3) I have actual (brown) skin in this game.
25 yrs ago this week I arrived (trembling) at the
@SCC_eng
to begin clerking for CLHD. It was the best year of my life and Day 1 of a great mentor and friendship. I’ve ever had. Will never forget how I felt walking in there on Day 1 (and how sad I was on Day 365).
4/ It's probably also a breach of trust. This does not seem to be a matter of contention by anyone. The "boss" of the public service cannot reach out to individual prosecutors and express political concern about cases. It's completely unfair.
The Law of Witnesses and Evidence in Canada is just about here. 4.5 years in the making, it completely replaces my former book Witnesses. Bigger and better in every way, w/ complete coverage of evidence/witness law in civil and criminal proceedings!
When I was 30, I left a promising career at the DOJ where I had been promoted in my first six months. I took a 30% pay cut to do so. Why? Because it meant I could live in New Zealand. It was, aside from marrying my wife, the best decision I ever made.
1/ I'm going to go against the grain today and share some really uplifting news for me. It's honestly one of the proudest moments of my career as an academic. Sorry to toot my own horn, but I don't do it often, and I'm very happy about this story.