Our hearts here at Helps Law Offices go out to all the officers in the Pierce County, Washington, today, especially the Pierce County Sheriffs and the Lakewood Police Department.
The officers — three men and a woman from the Lakewood Police Department — were attacked at 8:15 a.m. local time yesterday. Two of the officers were shot and killed as they sat at a table. Another one was shot standing up. The fourth officer fought with the gunman and made it outside and was able to get off some shots. They were about to go on shift. All of them were doing paperwork and enjoying each other's company.
Working in the justice system is hard, no matter who you are. As an advocate, my job is to ensure my client is treated fairly and is given the best possible defence, because the Crown has the burden of proving the case. I have met police officers that I thought were sleazy jerks; police have often come across counsel that are sleazy jerks. By and large, however, most police officers are trying to do their jobs competently. I've met some real heroes, too.
No one should be in jeopardy of death for their jobs. To be put in a situation where you are in the line of fire is one thing and I know plenty of wives and husbands of police officers who accept that their spouse is in mortal danger on a regular basis. That's different than this. These officers weren't on an active investigation; they weren't chasing a suspect in hot pursuit; they didn't enter a situation to help someone only to find it was more dangerous than they anticipated - they were having coffee. They were catching up on the administrative part of their job. They were alive - and then they died. It's sickening.
May they rest in peace.
Monday, November 30, 2009
Legal System in Crisis - Mr. Justice Rosenberg's Thoughts.
A big Helps Law Offices kudos goes out today to the great Mr. Justice Rosenberg for pointing out the flaws in our bail system and how innocent until proven guilty has fallen by the wayside. The Globe and Mail carried their article about it today. In addressing the Criminal Lawyer's Association luncheon Friday, this judge (who has, in my opinion, consistently kept out of the spotlight but who is one of the great legal minds of our time) became the conscience of the Canadian legal system.
Mr. Justice Rosenberg should be commended for taking the contrary view in a public debate that has increasingly favoured mandatory minimum jail sentences, withholding of bail on grounds where the public might be offended if the accused is released and a hysteria over "rampant crime" - when the crime rate has actually fallen.
It's true that marginalized populations are far more represented in the prison system than anywhere else. It's a crime. Aboriginal offenders, in spite of R v. Gladue just don't get a fair shake. We need to stop ignoring that Canada, for all our first world values and peacekeeping leadership on a world stage, has two worlds: a first world realm and a third world, quietly concealed on reserves and reservations.
He also commented on Legal Aid as being "a cornerstone of the system". If only Legal Services in British Columbia were properly funded. Any legal aid funding for serious matters is done at a rate of $83.90 an hour and all funding is capped - so often when a lawyer does an application properly on legal aid they're losing money. The system as it stands rewards the lawyers that do a poor job. It's why most lawyers I know who do legal aid are picky - because, in essence, it doesn't pay the overhead. It's a way of doing probono - an honour to the profession. 83.90 an hour?? You can't get this guy:
in to fix ANYTHING for 83.90 an hour!! More than that, the services offered do NOT assist those - like first offenders - who really need it. The tariff is so underfunded that there are unrepresented litigants facing significant lifetime consequences who are not receiving the help they need. It's a crisis.
Mr. Justice Rosenberg should be commended on his moral and ethical stance on these issues. It is imperative that we stop hiding behind Conservative governments to shirk our responsibilities. Legal Aid should be a priority in government funding; bail should not be denied for a fear of an uninformed public and mandatory minimums tie up trial time that would not otherwise be spent because discretion has been removed from judges.
Congratulations, Mr. Justice Rosenberg. Thank you for a reasoned entry into a debate that should be informed and passionate.
Mr. Justice Rosenberg should be commended for taking the contrary view in a public debate that has increasingly favoured mandatory minimum jail sentences, withholding of bail on grounds where the public might be offended if the accused is released and a hysteria over "rampant crime" - when the crime rate has actually fallen.
It's true that marginalized populations are far more represented in the prison system than anywhere else. It's a crime. Aboriginal offenders, in spite of R v. Gladue just don't get a fair shake. We need to stop ignoring that Canada, for all our first world values and peacekeeping leadership on a world stage, has two worlds: a first world realm and a third world, quietly concealed on reserves and reservations.
He also commented on Legal Aid as being "a cornerstone of the system". If only Legal Services in British Columbia were properly funded. Any legal aid funding for serious matters is done at a rate of $83.90 an hour and all funding is capped - so often when a lawyer does an application properly on legal aid they're losing money. The system as it stands rewards the lawyers that do a poor job. It's why most lawyers I know who do legal aid are picky - because, in essence, it doesn't pay the overhead. It's a way of doing probono - an honour to the profession. 83.90 an hour?? You can't get this guy:
in to fix ANYTHING for 83.90 an hour!! More than that, the services offered do NOT assist those - like first offenders - who really need it. The tariff is so underfunded that there are unrepresented litigants facing significant lifetime consequences who are not receiving the help they need. It's a crisis.
Mr. Justice Rosenberg should be commended on his moral and ethical stance on these issues. It is imperative that we stop hiding behind Conservative governments to shirk our responsibilities. Legal Aid should be a priority in government funding; bail should not be denied for a fear of an uninformed public and mandatory minimums tie up trial time that would not otherwise be spent because discretion has been removed from judges.
Congratulations, Mr. Justice Rosenberg. Thank you for a reasoned entry into a debate that should be informed and passionate.
Friday, November 27, 2009
Vaguely Misquoted, but still: point made!
The Province printed what I wrote yesterday - albeit misquotedly. The writer, Mr. Bopp, was completely sarcastic when he said "what's next?"
Oh, well. Misquotes are always happening. I'm always surprised when I'm in a courtroom and what's printed matches what happened.
The only person I've never been misquoted by is Susan Lazaruk of the Province. She wrote about me the day that Mr. Mercer was acquitted of first degree murder after spending five years in jail. I was justifiably proud that day.
Oh, well. Misquotes are always happening. I'm always surprised when I'm in a courtroom and what's printed matches what happened.
The only person I've never been misquoted by is Susan Lazaruk of the Province. She wrote about me the day that Mr. Mercer was acquitted of first degree murder after spending five years in jail. I was justifiably proud that day.
Wednesday, November 25, 2009
Amnesty Calls for Inquiry into Canada's Policies on Afghan Detainees
Fascinating news on the human rights front: Amnesty International is claiming that Canada has been, as far back as 2002, transferring detainees over to Afghan authorities, a situation that critics say puts prisoners at risk of being tortured.
Public opinion seems to be summed up by E. Bopp in his letter to the Vancouver Province today.
Mr. Bopp in yesterday’s Province writes in regard to the “alleged cruel and inhuman treatment” of captured Taliban fighters when turned over to Afghan authorities in Kandahar: “Can extending the reach of Canada's all-purpose Charter of Rights and Freedoms to Taliban detainees be far behind?” To this, I can only answer with great fervor and conviction: “I hope not”.
The Canadian Charter of Rights and Freedoms is the greatest piece of legislation in Canadian history. It is a shield that protects the least of us from the weight of the state being brought to bear against us – keeps our homes, our conversations and our person safe from random intrusion from the government. It gives Canada, as an operating democracy, the moral weight to stand up on the world stage against tyranny, fear and fascism. Handing over detained prisoners to a government where there is no assurance that they will be treated with humanity so that we don’t have to deal with them in a just and fair manner is just wrong.
Mr. Bopp puts the words “cruel and inhuman” in quotation marks, and uses the word allegedly perhaps because he does not believe that Afghanistan’s government is torturing detainees. Amnesty International says they are. That’s good enough for me. Canada should be the first nation to step forward and say that it’s wrong – not a nation facilitating these abuses.
For the record, I am a (metaphorically) card-carrying member of the BC Civil Liberties Association and of Amnesty (oh, and of Lawyer's Rights Watch Canada, and of all sorts of other "lefty-liberal" organizations). They perform an essential function in our society - to stand up for those that society generally feels are the least of us. Without this, rights could be eroded to the point that the state becomes more powerful than the individuals or voices of opposition can be.
Public opinion seems to be summed up by E. Bopp in his letter to the Vancouver Province today.
Mr. Bopp in yesterday’s Province writes in regard to the “alleged cruel and inhuman treatment” of captured Taliban fighters when turned over to Afghan authorities in Kandahar: “Can extending the reach of Canada's all-purpose Charter of Rights and Freedoms to Taliban detainees be far behind?” To this, I can only answer with great fervor and conviction: “I hope not”.
The Canadian Charter of Rights and Freedoms is the greatest piece of legislation in Canadian history. It is a shield that protects the least of us from the weight of the state being brought to bear against us – keeps our homes, our conversations and our person safe from random intrusion from the government. It gives Canada, as an operating democracy, the moral weight to stand up on the world stage against tyranny, fear and fascism. Handing over detained prisoners to a government where there is no assurance that they will be treated with humanity so that we don’t have to deal with them in a just and fair manner is just wrong.
Mr. Bopp puts the words “cruel and inhuman” in quotation marks, and uses the word allegedly perhaps because he does not believe that Afghanistan’s government is torturing detainees. Amnesty International says they are. That’s good enough for me. Canada should be the first nation to step forward and say that it’s wrong – not a nation facilitating these abuses.
For the record, I am a (metaphorically) card-carrying member of the BC Civil Liberties Association and of Amnesty (oh, and of Lawyer's Rights Watch Canada, and of all sorts of other "lefty-liberal" organizations). They perform an essential function in our society - to stand up for those that society generally feels are the least of us. Without this, rights could be eroded to the point that the state becomes more powerful than the individuals or voices of opposition can be.
How Time Passes!
So much has happened since May, I can hardly explain it all.
I had my first vacation in years, heading to Portugal, Greece and London. Friends had babies, my brother got engaged, and my fabulous assistant Melina became permanent and full time. I lost my beloved granddad but when I look out the window to Woodward's, I see, rising from the ashes, the place that my grandparents worked for 50+ years. Bittersweet, how this city is changing!
Lots of changes around the office have resulted in a lot of time out of the office and in court. We've won a ton of cases! If you've seen me in the news, you'll know that we've had a lot of success with murder, fraud, and sexual assault cases, and we won a landmark case on prisoner's rights in custody at the BC Court of Appeal. As always, our success rate in Impaired Driving and Driving Prohibitions remains very high.
As time marches on, I learn a lot every day. I'm lucky for the friends and colleagues (and friend-collegues!) who keep me going.
Posts will be more frequent, I promise!
I had my first vacation in years, heading to Portugal, Greece and London. Friends had babies, my brother got engaged, and my fabulous assistant Melina became permanent and full time. I lost my beloved granddad but when I look out the window to Woodward's, I see, rising from the ashes, the place that my grandparents worked for 50+ years. Bittersweet, how this city is changing!
Lots of changes around the office have resulted in a lot of time out of the office and in court. We've won a ton of cases! If you've seen me in the news, you'll know that we've had a lot of success with murder, fraud, and sexual assault cases, and we won a landmark case on prisoner's rights in custody at the BC Court of Appeal. As always, our success rate in Impaired Driving and Driving Prohibitions remains very high.
As time marches on, I learn a lot every day. I'm lucky for the friends and colleagues (and friend-collegues!) who keep me going.
Posts will be more frequent, I promise!
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