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    "I want to speak with my lawyer." "Too bad."

    http://www.theglobeandmail.com/news/...rticle1749557/

    Police are winning the unceasing war over the rights of suspected criminals on a major battleground – the Supreme Court of Canada.
    In a ruling full of friction between a bare majority of judges wanting to avoid hampering officers in their work and a minority fighting for the rights of the accused, the court said on Friday that while suspects have a right to consult a lawyer and to be informed of that right, they don’t have a right to legal counsel while they are being interrogated.
    More related to this story


    The judges focused on the constitutional right to legal counsel, but the bigger picture involved the steady erosion of criminal rights established in the 1980s and early 1990s.
    Over strenuous objections from their dissenting colleagues, Madam Justice Beverley McLachlin and Madam Justice Louise Charron rejected the notion of the U.S.-style Miranda warnings that are a fixture of television police shows.
    “Adopting procedural protections from other jurisdictions in a piecemeal fashion risks upsetting the balance that has been struck by Canadian courts and legislatures,” they wrote. “We are not persuaded that the Miranda rule should be transplanted in Canadian soil.”
    The judges were ruling in three separate cases in which suspects had asked in mid-interrogation to speak to their lawyers again.
    They said that suspects should be allowed to consult again with a lawyer only if something happens in the interrogation room to change their situation dramatically.
    However, Mr. Justice Ian Binnie employed a blunt, near-mocking tone to accuse the majority of “tightening the noose” around the Charter right to counsel.
    Judge Binnie said that expecting a defence lawyer to effectively advise a client who is shut away in an interrogation room is the equivalent of playing him a phone message that states: “You have reached counsel. Keep your mouth shut. Press one to repeat this message.”
    “What now appears to be licensed is that a presumed innocent individual may be detained and isolated by the police for at least five or six hours without reasonable recourse to a lawyer – during which time the officers can brush aside assertions of the right to silence or demands to be returned to his or her cell in an endurance contest in which the police interrogators, taking turns with one another, hold all the important legal cards,” he said.
    Police interrogators are skilled at lying and wearing suspects down, Judge Binnie said. Some will inevitably make false confessions, he said, adding them to “the platoon of the wrongfully convicted.”
    In separate dissenting reasons, Mr. Justice Louis LeBel, Madam Justice Rosalie Abella and Mr. Justice Morris Fish argued that the right to counsel aids citizens when they are at their most intimidated and vulnerable.
    Defence lawyers greeted the ruling with resigned displeasure – as they do so often nowadays when the Supreme Court tackles issues involving search and seizure, admissibility of evidence and fair trial rights.
    “This is a disappointing retreat from the decisions of the Supreme Court in the previous three decades recognizing the role which the right to counsel plays in a fair and just system of criminal justice,” said Criminal Lawyers Association president Paul Burstein.
    “With the court’s decision today, suspects are now guaranteed nothing more than the proverbial ‘one phone call’ – which had never before been the law in Canada,” Mr. Burstein said. He predicted that police will “hold people hostage until the legal advice provided in that first and only call has worn off.”
    Frank Addario, a Toronto defence lawyer, said that the majority is out of touch. “Five judges of the Supreme Court think it’s okay to detain and isolate people in Canada after they’ve spoken to a lawyer,” he said. “That is not really a civil libertarian approach – it’s empathy for the interrogator.”
    If the court got tough with police, Mr. Addario said, “they would grumble, but then get back to work solving crime. There is no evidence police need to violate rights – especially with isolated, detained suspects – to keep the rest of us safe.”

    >> 1988 3.1 ITB E30 /// 2002 E46 M3 6MT / 2008 335xi 6MT / 1991 S38B36 E30 (sold)

    #2
    "OH Canada, OH Canada..."
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      #3
      And all those liberals and conservatives that made promises to move to canada after the 04 and 08 elections have one more reason to love canada ::roll::
      1985 BMW 325e
      1997 BMW M3/4/5
      2007 Chevy Silverado Crew Cab 5.3 v8

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        #4
        This must be a hoax, this is not the perfect land of winter wonderment that Lee has lead us to believe in!
        Need parts now? Need them cheap? steve@blunttech.com
        Chief Sales Officer, Midwest Division—Blunt Tech Industries

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          #5
          if you have the right to remain silent during an interrogation then it will be over pretty quickly and then you have have your attorney.

          or am I missing something?
          1997 BMW 328ic 5spd sport Moreagrun Metallic
          1989 BMW 325is 5spd with a M50 swap
          2006 Audi A3 6spd DSG sport with APR stg 2

          Comment


            #6
            Originally posted by z31maniac View Post
            This must be a hoax, this is not the perfect land of winter wonderment that Lee has lead us to believe in!
            Well, unless you can highlight where I made such statement, your quote is totally missleading. Canada has had a Bush-style religious and conservative governement for a few years in the form of the Harper's Conservatives. They made sure to put Conservative judges in place and have tried to reopen long fought battles such as women's right to abortion, military involvement and civil rights. That governement has also reduced social programs, art funding programs and used the dough for the military. Not to mention they don't really belive in benefits of a balanced ecology as demonstrated by their support of the highly polluting Alberta gooey sands and refusal to adhere to Kyoto's agreement... Conservatives have also shown that corruption and patronage, using Canadians tax money, is business as usual. After all, as they govern, aren't they allowed to do whatever they want...

            The following quote would have been more adequate BTW:

            Originally posted by z31maniac View Post
            This must be a hoax, this is not the perfect land of strippers wonderment that Lee has lead us to believe in!
            Last edited by Massive Lee; 10-09-2010, 07:18 AM.
            Brake harder. Go faster. No shit.

            massivebrakes.com

            http://www.facebook.com/pages/Massiv...78417442267056





            Comment


              #7
              It's just going to cost them more money. And many cases will drag on because of this.
              Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

              "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. Charity is no part of the legislative duty of the [federal] government." ~ James Madison

              ‎"If you've got a business, you didn't build that. Somebody else made that happen" Barack Obama

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                #8
                Compared to the US. Canada is very granola, even the hard core Canadian conservatives are probably viewed as hippies from the US perspective.


                Fiscally we have survived much better then extreamly capitalist driven US and the socialistic disaster of many European countries.

                Canadian politics is pretty bland, and moves slow. Cops here are pretty fair and crime is fairly low.

                I'm not sure where I stand, Quebec is extreamly socialist and my taxes are really high for shitty roads and shitty service.

                I work hard and to see my deadbeat neighboors suck the system dry and buy new flat screen TVs, makes me wonder. At the same time I don't see nearly the amount of greed and class divide as I saw when I lived in NJ.

                Canadians complain too much for what we have, most people just go about their lives.

                The take home is:

                If you ever get in serious trouble with the law, don't say a god damn word no matter what the cops say. Wait until a laywer shows up.

                Comment


                  #9
                  Yeah Canada is doing just great...


                  http://www.onenewsnow.com/Politics/D...spx?id=1036798
                  Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                  "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents. Charity is no part of the legislative duty of the [federal] government." ~ James Madison

                  ‎"If you've got a business, you didn't build that. Somebody else made that happen" Barack Obama

                  Comment


                    #10
                    It's been in the "red" for many years, that article is nothing new. Old people get sick, and there's a lot of 'em.

                    >> 1988 3.1 ITB E30 /// 2002 E46 M3 6MT / 2008 335xi 6MT / 1991 S38B36 E30 (sold)

                    Comment


                      #11
                      Originally posted by ortholithiation View Post
                      Compared to the US. Canada is very granola, even the hard core Canadian conservatives are probably viewed as hippies from the US perspective.


                      Fiscally we have survived much better then extreamly capitalist driven US and the socialistic disaster of many European countries.

                      Canadian politics is pretty bland, and moves slow. Cops here are pretty fair and crime is fairly low.

                      I'm not sure where I stand, Quebec is extreamly socialist and my taxes are really high for shitty roads and shitty service.

                      I work hard and to see my deadbeat neighbors suck the system dry and buy new flat screen TVs, makes me wonder. At the same time I don't see nearly the amount of greed and class divide as I saw when I lived in NJ.

                      Canadians complain too much for what we have, most people just go about their lives.

                      The take home is:

                      If you ever get in serious trouble with the law, don't say a god damn word no matter what the cops say. Wait until a lawyer shows up.

                      You are "one" Canadian I like.... come to Miami and Ill buy you a round!
                      Build your own dreams, or someone else will hire you to build theirs!

                      Your signature picture has been removed since it contained the Photobucket "upgrade your account" image.

                      Comment


                        #12
                        Attention Lee, your sarcasm meter is broken.

                        Please return it to your authorized local retailer for a replacement or repair.
                        Need parts now? Need them cheap? steve@blunttech.com
                        Chief Sales Officer, Midwest Division—Blunt Tech Industries

                        www.gutenparts.com
                        One stop shopping for NEW, USED and EURO PARTS!

                        Comment


                          #13
                          He, he. Of course I read very well your sarcasm, and replied accordingly at the end. But I also managed to express my views on our current Conservative government. Perhaps the worst of the past half century.

                          And now some Montreal titties to lighten up the ambiance ;-) (saw here a few times in neighborhood).

                          Brake harder. Go faster. No shit.

                          massivebrakes.com

                          http://www.facebook.com/pages/Massiv...78417442267056





                          Comment


                            #14
                            lee just one thing I would like to point out, you know that HC you guys have and all. You are aware how much more you would be taxes on your wages with out the "gooey sands".

                            Oh and they are returning the taillings ponds back to green area and wetlands.
                            Originally posted by Fusion
                            If a car is the epitome of freedom, than an electric car is house arrest with your wife titty fucking your next door neighbor.
                            The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. -Alexis de Tocqueville


                            The Desire to Save Humanity is Always a False Front for the Urge to Rule it- H. L. Mencken

                            Necessity is the plea for every infringement of human freedom. It is the argument of tyrants.
                            William Pitt-

                            Comment


                              #15
                              Raxe,
                              I saw this and thought about posting right away... scary shit yes, it will never likely effect me personally, but not a cool thought at all, the article I read did not make it sound so cut and dried, however I fear that "basic human rights" are becoming scarce around here.

                              th3blue,
                              That’s about what I came away with on the article I read, as well, I have to look deeper though.

                              ortho,
                              I live in the heart of entitlement land, I almost punched some puke out last year who was bitching that Steven Harper robbed him of his EI money by taking some of the Employment insurance fund to encourage people to work...this dude picked strawberries for 9-12 weeks a year, and spends the rest of the year on EI...fucking Maritimes...he had a great Tan though...
                              Also, I think our American friends would be surprised how similar real dollars we loose to tax each year Canadian or American, they have a county tax level that we do not(at least in some cases) they do get a big pick up by being able to claim mortgage interest though...I wish.tax rate Varies state to state but...

                              Lee,
                              you cant seriously be trying to say that Harper and his Minority government handicapped by the NDP assholes and the liberal fucktards, is actually worse in someway to the corruption and total disregard for Canadians the liberals perpetrated for 14 years are you?

                              Josh,
                              Are you fucking kidding with that site you linked? Really?
                              wow...

                              Sleeve,
                              Tar sands are cool, we (former Albertan) only actually share it with other Albertans willingly, you may be surprised how little in the way of royalties is paid out on our natural resources, it is a pittance compared to many nations, and effects Canadians overall tax rate MUCH less than you may imagine...
                              /rant
                              Last edited by Pac1373; 10-09-2010, 06:58 PM. Reason: spaced it to avoid the "tldr"
                              Originally Posted by ACMF74
                              i clicked on this cuz i saw p3nis

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