In our courts
By Steve Bilodeau
Talk to a lawyer first
The police had wiretaps and wanted the accused to speak so that they could compare
his voice with one they had on tape. They did not allow him to call a lawyer immediately
because they wanted to hear him talk longer. The court did not allow the tape
as evidence, saying that the police deliberately violated the accused's right
to counsel in a situation where it was not urgent for them to do so.
Dung Tien NGO from the Alberta Court of Appeal
Accused gets jail time for harassment
The victim's ex-boyfriend harassed her by calling, visiting and writing notes
to her for over six months. The victim feared for her safety. The harassment included
repeated visits to her home and work, crude letters and threats to publish nude,
sexually suggestive photos of her that he'd taken during their relationship. There
was no physical violence. Police warned him twice to quit. The court, after finding
him guilty of criminal harassment, sentenced the offender to 15 months in jail.
The court added an additional three months for driving while prohibited for the
purpose of harassing her.
Shawn Brian VERRAL from the Alberta Court of Appeal, June 6, 2003.
Supreme Court supports power of citizen’s arrest
The accused was a cab driver who was poaching fares at a Toronto airport. Despite
several warnings to leave and not return, he persisted. Airport security finally
arrested him for trespassing. The accused argued that his arrest was unlawful
because the security officer blocked him physically as he tried to leave. The
Supreme Court determined that the arrest was perfectly legal and that the power
to make a citizen's arrest includes the authority to use reasonable force in making
that arrest.
Daniel ASANTE-MENSAH from the Supreme Court of Canada, July 11, 2003.
Conditional sentence available for drunk driving
For a charge of impaired driving, the Criminal Code imposes a minimum sentence
of $600 for the first offence, 14 days jail for the second, and 90 days jail for
each subsequent offence. A conditional sentence is not available. However, where
the charge is impaired driving causing death or bodily harm, there is no minimum
penalty and any sentence may be handed down (including conditional sentence).
Kevin GOMES from the Alberta Court of Appeal, May 6, 2003.
*For more interesting court cases see Criminal Prosecutions - Criminal Case Summaries.
