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  • #16
    Originally posted by plky View Post
    Mess made it clear he was not willing/able to offer any advice that wasn't to do with family law. I was simply responding to that.
    sorry... truly... it's just the way you had worded it I had to laugh... after the whole CM experience....LOL!!

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    • #17
      no worries

      Originally posted by cbarker78 View Post
      sorry... truly... it's just the way you had worded it I had to laugh... after the whole CM experience....LOL!!

      Comment


      • #18
        ok hold on, the charges were stayed because the judge ruled strip search was illegal? that would kill 60% of the cases in toronto as 60% people get strip searched

        60% of Toronto arrests lead to strip searches - Toronto - CBC News

        please please do post the canlii on this, I was also strip searched, may be its class action lawsuit time!

        Originally posted by plky View Post
        Hi everyone,

        I'm posting on behalf of a friend. She has been dealing for the past 5 years with a vindictive ex who is trying to separate her from her kids. Up until last summer, she had primary physical custody (legal custody is still pending.) In the past, the ex has made allegations of physical abuse that were investigated by the police and CAS and found to be false. Last July, her ex again alleged that she had physically abused their son (13 yo and now on Dad's side) who confirmed that he had been "slapped" by his mother. On this alone, she was arrested, strip-searched, put in jail overnight and charged with two counts of assault. The charges have recently been dropped (stayed?) because the judge ruled the strip search illegal and that her civil rights had been violated.

        So in addition to family court hell, she has had to deal with separation/alienation from her kids for the past year, her criminal lawyer's bill of $45K+, and the horrible emotional trauma of being abused by the police. She is considering filing a lawsuit against the police and is looking for recommendations for a good civil lawyer, and any advice you can offer. She still has the family court matters to sort out (trial is in November.)

        Thanks!

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        • #19
          Originally posted by plky View Post
          Thanks Tayken. I think her criminal lawyer is willing to still work with her, but he's advising her to wait until the 30-day appeal period expires before ordering transcripts. He says that sometimes if the crown believes you are going to circulate the decision to use it as precedent it will encourage them to appeal. In your experience, is this the case? I will ask her for more details about the decision and when it might be posted on CanLii. In the meantime, I'll pass on those references. Much appreciated.
          Yes, the Crown hates for this kind of stuff to be posted on CanLII but, it is the law and it is part of the public record system. The Crown has just as much obligation as anyone one else bringing forward a case, even more so in a criminal matter, to insure they have "beyond reasonable doubt".

          30 day waiting is a good idea. The Crown is appealing less these days it appears based on the infrequency of Appeals in specific areas of law being posted to CanLII.

          If you know the court file number you can request it be posted to CanLII. All you need is the court file number. Generally they post worthy cases but, often they get missed.

          Often, the screw up the posting like they did to one member of this forum.

          Either way I would wait until the Crown passes on an appeal through the 30 day notice period.

          A successful litigation against police and others for negligent conduct is not easy, stressful and can take years 2004-2012 and Andrew Lawrence made no progress with his matter. He lacked a key element for any lawsuit in that area... Evidence. One would think the voice mail message sighted was enough "evidence" but, it wasn't in his matter.

          One would need a significant amount of better evidence, witnesses and other cogent and relevant evidence.

          Good Luck!
          Tayken

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          • #20
            Originally posted by slughead10 View Post
            a judicial stay is normal in a charter breach
            A judicial stay of proceeding under 24.(1) of the Charter occurs in rare circumstances when the Court terminates the proceeding prior to a finding of guilt.

            Charter Breaches are rare and often demonstrate gross misconduct by someone involved in the process.

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            • #21
              plky - sometimes we have to examine and re-evaluate our friendships and realize that friendship has it's limits and it might be a good time for them to seek professional help. I'd take a good hard look at things before getting any more involved.

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              • #22
                Originally posted by slughead10 View Post
                i don't think it is rare the biggest one that comes to mind i think is r vs askov

                there were thousands of stays based on this case
                Do the math on that... Thousands in comparison to the amount of matters before the court. Statistically speaking it is rare. Less than 1-2% of cases in total.

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                • #23
                  would not providing duty counsel also be considered breach of charter rights? when i was first arrested the cops said i have a right to speak to a duty counsel if i wish to, and i said yes i do want to. then they asked me if i know any place i can stay that night, and they asked for the numbers etc, which i gave them, then they took me downstairs for release, and i asked the officer, am i not going to be talking to a lawyer first? the officer said "stop the video" to his subordinate, and then told me "we are releasing you, you know that right?" i said "yes" he said "start the video" and i was released ...

                  charter breach?

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                  • #24
                    Originally posted by sahibjee View Post
                    would not providing duty counsel also be considered breach of charter rights? when i was first arrested the cops said i have a right to speak to a duty counsel if i wish to, and i said yes i do want to. then they asked me if i know any place i can stay that night, and they asked for the numbers etc, which i gave them, then they took me downstairs for release, and i asked the officer, am i not going to be talking to a lawyer first? the officer said "stop the video" to his subordinate, and then told me "we are releasing you, you know that right?" i said "yes" he said "start the video" and i was released ...

                    charter breach?
                    I call bullshit on this one big time. The recording would include a major break in the stream and include a recording of the request to stop recording. Under evidence the break in the recording would make it useless for the police and yourself. So if it happened just simply ask for a copy of the recording or have your lawyer ask for a copy of the recording.

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                    • #25
                      Already asked few months ago, the crown has not provided the video yet. though if its useless for me then there is no point. but it certainly would have me on video asking them about the lawyer and them requesting to stop, so that should go against the cops, shouldn't it?

                      Comment


                      • #26
                        I think you watch too much TV - your rights are different in Canada than the US

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                        • #27
                          Originally posted by arabian View Post
                          I think you watch too much TV - your rights are different in Canada than the US
                          funny fact, i dont watch TV at all. i dont have cable or satellite, so what you "think" is obviously incorrect!

                          Originally posted by slughead10 View Post
                          they are the biggest organized GANG in the country......
                          couldn't agree more.

                          Comment


                          • #28
                            Originally posted by sahibjee View Post
                            would not providing duty counsel also be considered breach of charter rights? when i was first arrested the cops said i have a right to speak to a duty counsel if i wish to, and i said yes i do want to. then they asked me if i know any place i can stay that night, and they asked for the numbers etc, which i gave them, then they took me downstairs for release, and i asked the officer, am i not going to be talking to a lawyer first? the officer said "stop the video" to his subordinate, and then told me "we are releasing you, you know that right?" i said "yes" he said "start the video" and i was released ...

                            charter breach?
                            How long were you at the police station??

                            Comment


                            • #29
                              So sorry you had to go through that! From what I understand, in my friend's case the judge ruled that the searching officer had insufficient grounds to justify the search, and also did not follow proper procedure (he avoided certain steps which would have prevented the search from proceeding to the next level.)

                              Thank you for the article link. The Toronto Police Accountability Coalition that are quoted in it have published the Toronto Police strip search policy

                              Toronto Police Accountability Coalition : Bulletins

                              Maybe it will help you determine whether your charter rights were violated.

                              Originally posted by sahibjee View Post
                              ok hold on, the charges were stayed because the judge ruled strip search was illegal? that would kill 60% of the cases in toronto as 60% people get strip searched

                              60% of Toronto arrests lead to strip searches - Toronto - CBC News

                              please please do post the canlii on this, I was also strip searched, may be its class action lawsuit time!

                              Comment

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