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Hegdis

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Hegdis last won the day on September 13

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  1. Hegdis

    Extreme Frustration With Jr. Crowns

    I think in that case presenting those statistics to the higher ups in government, possibly with a copy to the media, would work wonders in getting that office to reconsider their policy and their approach.
  2. Hegdis

    Extreme Frustration With Jr. Crowns

    Me too. When I was a kid a prank was putting dog shit in a mailbox. Not fucking forcible confinement.
  3. Hegdis

    Extreme Frustration With Jr. Crowns

    Yes, that was my point.
  4. Hegdis

    Extreme Frustration With Jr. Crowns

    That's not entirely fair [edit @Diplock]. The AG does not personally need to approve a file for it to be the AG's call. There's a test: substantial likelihood of conviction plus public interest in proceeding. Maybe on an individual level the application of this test can vary. Sure - we all know the push overs, we all know the hard assess. Most fall in the middle somewhere. But every Crown knows that test. You can criticize, sure; we all can. What I think we're dealing with here, though, is the difference between saying to colleagues (probably in more colourful language) "I disagree with this decision" versus a completely different "this decision is so beyond the pale that extraordinary measure need to be taken to address this serious situation" such as running a three day trial for which your client is obviously guilty because you want to make a point and that point is worth depriving your client of the mitigation of a guilty plea and costing the system tens of thousands because... well, Jesus, just run an abuse of process application at that point. That is why they exist - to curtail Crown who are misbehaving to that degree. I understand frustration. But when it reaches a call to action it should be reaching a level that I am not seeing here. I am seeing disagreement. Not a basis for rebellion. And making a point at the expense of your client... I am not on board with that.
  5. Hegdis

    Extreme Frustration With Jr. Crowns

    Context for readers: In BC, Manitoba and New Brunswick, the police forward recommended charges to Crown counsel for approval. Everywhere else (I think?) the police can approve and lay charges absent Crown involvement, although the case is then taken on and prosecuted by a Crown lawyer. That’s why you’re hearing a mix of perspectives here.
  6. Hegdis

    Extreme Frustration With Jr. Crowns

    But on the flip side of there are no consequences and then the behaviour repeats. A one off, whatever. But a small business person experiencing ongoing petty theft is entitled to a justice system that addresses these crimes. I mean do diversion or whatever, but address it.
  7. Hegdis

    Extreme Frustration With Jr. Crowns

    Speaking only partly tongue in cheek, one solution would be for defence counsel to start ad hocing (acting as temp Crown) in that jurisdiction and show the errant junior Crown how it’s done, according to him/her.
  8. Talk to the CBA and ask if you might get the fee waived to attend subsection meetings in whatever area. Then go. Listen to the topic, learn, shake hands, introduce yourself, and try to walk the fine line between keen and too keen. People invest in faces, they want to help, and it’s not even just that. You should learn, and keep up, and subsections are a great way to do that. If nothing else it gets you up and dressed and mingling and intellectually involved. That is important. Good luck.
  9. Hegdis

    Non- academic student misconduct

    Just to make it all super super clear to the OP, if this strikes you as a serious thing you owe it to yourself to do it properly and get some legal advice - privately and offline - as to how to proceed. My gut tells me you’re gonna be just fine, but all that and a coupon to Five Guys will get you a meal.
  10. Hegdis

    Extreme Frustration With Jr. Crowns

    Yeah I always get irritated with the whole idea of “he has every chance to never be back before the court - means, opportunity, education, employment and family support”. And he gets a discharge so he isn’t burdened by a permanent record, and his life stretches on unblemished. Like, he had all that before, so how is this not aggravating? ...then the poor indigenous kid with the drug addiction gets jail because we’ve already given up on him.
  11. Hegdis

    Extreme Frustration With Jr. Crowns

    Well, I know that a person’s PRIME history plays into the public interest aspect. As an example, a person who drunkenly slaps another person’s ass might not be prosecuted the first time... but a lengthy PRIME history of that kind of behaviour tilts the public interest toward prosecution. So maybe on the initial glance the actual case is dumb, but a little more digging gives it context. Not saying bad decisions don’t happen but sometimes there’s more to it.
  12. Yes but with the new Jordan deadlines it’s seldom you would need more than the last two years - and the legislation doesn’t change THAT often. Besides that stuff is all online now.
  13. Colour of right defence!
  14. Agreed - if you go to any criminal law firm they will happily give you their 2018 for free - the 2019 version is out now.
  15. Hegdis

    Extreme Frustration With Jr. Crowns

    I take a slightly different view, but it might not be your style. When I was a young Call I remember very clearly the counsel who could have screwed me over but didn't, the ones who taught me even when I didn't realize it at the time. I especially remember the ones who tried to teach me when I wish I had listened. So an approach I might take is to do the upfront work of a detailed, courteous letter outlining their policy manual (right down to direct quotes), the facts, the law, and an argument for why diversion is appropriate. I would also point out that obviously it would be completely inappropriate for the Crown to consider the trial itself a "punishment" for a charge they have no substantial likelihood of successfully prosecuting. Nor is it appropriate for them to run this kind of thing just to get "experience". Maybe they won't listen. But after the acquittal I'd be referencing that letter again and forwarding it to their superior. And one day they might look back on it and cringe. And maybe next time I'd insist on a PTC - like you outlined above - and get the judge to say it to them. People hate being embarrassed. But if you have young Crown setting trials for things they don't have a hope in hell of winning it strikes me as an appropriate strategy.
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