John Oliver on bail
I was going to write something this week about drinking and driving, the so-called “last drink defences”, and the problems of telling the police “I had nothing to drink” (you’ll have to read my next entry about that now).
I was definitely not going to write another entry about bail so soon after my last ones. I even managed to avoid being caught up with everyone’s urge to comment on the Supreme Court of Canada’s recent decision on bail in R. v. St. Cloud (essentially, the Court has made it much easier to detain people prior to their trial for serious offences, and time will tell how that will change the day-to-day running of the bail system).
However, I did not count on John Oliver broadcasting his piece last Sunday on bail. True, it is primarily dealing with bail in the United States, which is very, very different than bail in Canada. It is still entertaining to watch.
So, enjoy: Last Week Tonight with John Oliver: Bail (HBO)
(And for anyone watching this clip who works in the Bail Program or John Howard Society, definitely check out 13:48 onwards!)
New FAQ at Lerner Law about bail
You get a call. You are told someone you know has been arrested and held for bail. You are asked if you can assist…
I’m often asked a number of questions about what to do in the above scenario: “Do I have to pay money to bail someone out?” “Do I need to find a lawyer?” “What are my responsibilities if I bail someone out?” “Will I need to testify?”
As a result, Lerner Law has added a Frequently Asked Questions about bail, which can be found here.
If you have a question that is not answered on our FAQ, email me at daniel@lernerlaw.ca.
Also, in case you missed it, take a look at my earlier blog entry when I wrote about the need to reform the bail system.
If you’ve been told that your loved one is being held for bail, contact Lerner Law right away so we can help you and your family through this overwhelming experience.
Fun and Interesting Judgments – Part 1: Martians in the legal justice system
From time to time, I have come across judgments which are both interesting and are often quite fun to read. I have collected a few of these over the years, and thought I might share them from time to time on this blog.
The first is the case of Joly v. Pelletier, [1999] O.J. No. 1728 (S.C.J.). (Unfortunately, given the dated nature of the case, it is not yet available for free online, but I will summarize it as best I can).
The plaintiff, Rene Joly, was described as “well-prepared” and “thoughtful” in his arguments to the court. He was “polite, articulate, [and] intelligent”.
The problem was that the plaintiff seemed to have a very honest belief that he was a Martian, which was the entire basis for his claims before the court.
What followed was an example of some excellent legal reasoning by the court.
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Problems with our bail system
I was in bail court last week acting as duty counsel. While in court, I ended up assisting a defendant who was in custody awaiting bail. What happened in her case is a clear example of the problems that need fixing in our bail courts.
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R. v. Anderson: Notice of Increased Penalty; Aboriginal Offenders
On June 6, 2014, the Supreme Court of Canada released its unanimous decision in R. v. Anderson, 2014 SCC 41. The case dealt with two issues: 1) potential constitutional issues related to the sentencing of aboriginal offenders, and 2) Crown discretion in seeking increased minimum sentences due to prior convictions.
To summarize, the Supreme Court of Canada made two specific rulings:
- The Crown is not required to take into account a person’s aboriginal background when exercising their discretion.
- When the Crown exercises its discretion to rely on a person’s prior convictions for the purpose of an increased minimum sentence, the Court cannot overrule the Crown’s discretion (unless it is an abuse of process)
Before reviewing the case, though, it is useful to review the legal background that led to this decision.
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