Courtroom Excesses: Fear and Control?

Two recent articles in the National Post highlight the heights of abuse and silliness that some judges, jps, prosecutors and sheriffs are seeing or attaining in Canada daily.

A judge pointing out the unnecessary handcuff and leg iron restraints as a good case for people to make civil claims for civil assault is a powerful hint:

Judge writes on ‘culture of fear’ in Canadian court

(Judge John) Joy suggested the only way to end the blanket use of restraints was for a “courageous counsel” to start filing lawsuits alleging “civil assault.”

“I am not talking here about some unimportant or ephemeral issue,” he wrote.

When a judge is encouraging people to lay civil assault claims against court officers maybe it is a valid idea????

 “courageous counsel” to start filing lawsuits alleging “civil assault.”

Now why would counsel filing such claims for a client need to be courageous? Oh ya, you are not supposed to hold fellow officers accountable to the law otherwise your career will suffer. Hence why things are as bad as they are.

“Trial courts in this province, and from what I have read about the courts across Canada, have fallen so far away from the principles that lie at the foundation of our justice system against prisoner restraint in court that we daily tolerate the unreasonable restraint of prisoners without any assessment of their individual risk of escape or violence,” he wrote.

Read more here SOURCE or

PDF : PDF- Judge writes on ‘culture of fear’ in Canadian court after questioning why 120-pound woman was shackled

 

In another story a justice of the peace makes complaint about how broken the bail system is:

When bail courts don’t follow the law

“The Criminal Code of Canada clearly states that unless the prosecutor shows why certain conditions are necessary, the JP is to release the person with a simple undertaking, or promise, he or she will return for their next court appearance.

“It is at this point the law goes out the window, and cynicism and bullying kick in. Here in Ottawa, generally speaking, the JP will be told that the person is being released, and provided the list of conditions that have already been typed into the system.

….

Pity the JP who dares ask for a justification of those conditions. It is the JP’s legal responsibility to ensure that the conditions placed on a person’s bail are reasonable, lawful and appropriate. This is also reflected in the fact that the JP and the accused sign the release document, not the prosecutor, or the accused’s lawyer. Without sufficient justification for these conditions, individuals are to be released without them.

In a scathing conclusion:

“Ottawa’s main bailout court, and many others throughout the country, have devolved into dysfunctional and punitive bodies.”

….

Between forced, rushed video appearances, a lack of respect for the JP bench and the absence of the rule of law in this court, I can no longer call it a court of law. It is a disgrace. I am there to administer justice. It is not my job as a JP to sign off on release documents that are unlawful.

Read it all here (link below)

READ SOURCE or PDF – When bail courts don’t follow the law

These two articles give me hope that there are some court officers with morals and a sense of what justice should be.

 

 

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