Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Sunday, June 05, 2011

Judge gives reasons for firearms acquittal — two years later

When an Ontario Superior Court judge acquitted two men of firearms offences two years ago after finding police had violated their Charter rights, she promised to email her full reasons that afternoon.

On Wednesday, the Crown will ask the province’s highest court to order a new trial because, as it turned out, those written reasons never came.

“The trial judge not only fell short in her obligation to explain to the public why these gun-toting individuals were acquitted and put back into circulation on our streets, she abdicated her responsibility entirely,” the Crown argues in its factum filed with the Ontario Court of Appeal.

But there’s a wrinkle.

Last month, Ontario Superior Court Justice Susanne Goodman released a thorough, 42-page strongly worded decision detailing why she had concluded — two years earlier — that Toronto police officers violated the Charter by making an “arbitrary and unreasonable” decision to pull over Kamar Cunningham and Troy Matthews on March 6, 2008.

She also found officers “outright lied” in court and fabricated evidence. Goodman, for instance, wrote she did not accept officers’ testimony that they pulled over the men, both black, because they weren’t wearing seat belts.

“I was satisfied that the police flagrantly and intentionally violated the defendants’ rights under both sections 8 and 9 of the Charter. They then egregiously supported their actions by providing a false account of the events leading up to it.”

Full Article
Source: Toronto Star 

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