Jackie Chan don't know nothin' 'bout no war.
A Toronto judge lambasted the government Wednesday for its prosecution of an 89-year-old peace activist who refused to fill out the 2011 census, and found her not guilty.
[T]he Department of Justice didn’t have to go along with prosecuting an elderly peace activist who was a “model citizen,” Khawly said.
"I mean, really, could the defence have scripted anything better for their cause? Did no one at Justice clue in that on a public relations perspective, this was an unmitigated disaster? Are they that myopic that they could not see the train wreck ahead?"
“Could they not have found a more palatable profile to prosecute as a test case?” Khawly said.
Tobias was a photogenic “martyr in the making,” Khawly said.
“Anyone in Justice who had not seen that coming should be ushered immediately into an introductory marketing course,” he said.First of all, the Honorable Justice Ramez Khawly has a rhetorical flair for excessive admonition that is perfectly appropriate for a hack blogger (e.g. me) and not at all appropriate for a magistrate.
|Speaking of crimes that aren't prosecuted enough, when are we going to crack down on this practice?|
Audrey Tobias admitted that she refused to fill out the basic personal information the census required because it was processed using software from U.S. military contractor Lockheed Martin.
Tobias’s testimony left Ontario Court Judge Ramez Khawly unsure whether she was accurately recalling her intent for refusing the census nearly 2 1/2 years ago, or if the passage of time has “dimmed her memory.”
That left Khawly with reasonable doubt of Tobias’s intent and he said he therefore must acquit her.Now normally, a guilty mind for an act can be inferred from the action itself. For example, if you punch someone in the face then there is a strong presumption you meant to punch them in the fence. You can maybe explain you didn't mean to but the onus is going to be on you to come up with a pretty good explanation why that punch was unintentional. It is not strictly necessary for the Crown to get you on the record as saying "I purposefully punch you!" at the time of the offence, shortly afterward and at trial.
Her lawyer, Peter Rosenthal, said outside court that it was unexpected for the case to come down to the “exact nuance of what she was thinking as she failed to fill out the form.”I really hope the Crown appeals this acquittal.
“It’s a very unusual ruling in my experience and opinion,” he said.
“He wasn’t criticizing her for being an older person with a lack of memory. I mean, everybody reframes things as you rethink something that happened a couple of years ago.
|"Douche" means shower in French. I don't know why I just thought of that.|
 Here, the search warrant did not specifically authorize a no-knock entry. ... [P]olice now add “no-knock” to the ITO when seeking to obtain search warrants in these types of cases. The Tactical Unit executes the warrant in the manner in which they have been trained to do unannounced entries. According to Det. Bryden, they operate as a team. One covers the back of the residence, one covers the front. The rest of the team enter together kitted up in their uniforms; they wear body armour; some have semi-automatic weapons and it is possible that some wear balaclavas. They clear the place as soon as possible.
The Encase program images everything on the hard drive, which would include information that a user may have “deleted,” but still remains on the hard drive.The court upheld the manner of the search was reasonable since the police did not know whether the accused would be using his computer or be near it at the time of entry. But by the same token, the police didn't know if the accused would be sleeping, arming a bomb, or pointing a gun at a hostage at the time of entry. In those types of situations the police would be much better off taking a less forceful approach. There is an inherent risk of escalating the situation unnecessarily when you break into a building so "dynamically".
|Weiler's vision of police electronic forensic experts once computers have been seized|