John Hale
@JohnHaleCrimLaw
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Criminal trials and appeals, NWT & Ont; VP of Criminal Lawyers Assoc. 2019-23; @LawMcGill alum; vinyl LP hoarder; marathoner x 25 (he/him/his)
Ottawa
Joined June 2020
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5 years ago today I argued R. v. Jordan & Williamson. I was on for Williamson, so am relegated to footnote status. Still, the SCC accepted my argument that Askov needed to be scrapped. Section 11(b) hearings had become prolix inquests into how much the accused had suffered.
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My son works at a popular pub in the Byward Market in Ottawa. He’s been sent home on a beautiful Canada Day, because unlike any other Canada Day there are almost no customers. People are avoiding downtown Ottawa because of threatened chaos and disruption. Thanks
#FreedomConvoy
.
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The conspiracy theories and misinformation and pure hatred spewing from these people who hide behind their anonymous accounts is sickening. I won't hashtag the freedom convoy again; doing so attracts people who have no interest in engaging, just pushing a toxic agenda.
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I made the mistake earlier today of tweeting that my son was sent home from work at a pub in the Byward Market because business is slow, due in large part to people staying home or away from downtown to avoid the "freedom convoy" Part 2. /2
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Lawyers who tweet that you haven't had 4 days off since 2003, or that you're working Saturday night, or on your way to the office at 4 AM: we get it, you're an insanely hard worker. But you are creating anxiety in others (well, me); & you are giving new lawyers the wrong message.
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I am disgusted by the responses from hundreds of convoy supporters, who have piled on from their anonymous accounts. A few examples:
- my son is lazy (no, he got sent home by his boss)
- "libtard" (I guess this person calls people "retards" too)
- "Trudope" - countless times /3
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It is really concerning that one of the most influential people in the world is making such sweeping statements about the Canadian legal system that are completely false, but which if repeated often enough could be believed by millions.
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- one person pointed out that sperm counts were down because of vaccinations
- another was talking about people dying or getting heart disease because of being "forced" to be vaccinated
- a lot of them seem to think that we are still in lockdown /5
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Is there any call centre for any company, at any time of day, on any day of the week, that is NOT experiencing an unusually high volume of calls?
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- it was suggested that if I don't like to watch the protesters, maybe I prefer to take my kids to see naked people at gay pride parades
- one person shared a video of a protester being held down by police at the War Memorial, calling it Canada's "I can't breathe" moment /4
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A thread...
Having just completed my 5th and 6th circuit courts in the NWT since I started coming here in 2018, something is sinking in: I seriously whether we are "bringing justice" to remote Indigenous communities, or if we are imposing justice or even inflicting justice. /2
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To quote
@elonmusk
, starting at 11:20:00:
"There's no constitutional right to freedom of speech in Canada."
This of course is patently untrue. Section 2 of our Charter of Rights - a constitutional document - protects fundamental freedoms including freedom of expression: /3
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The misinformation continues:
"...and there's no Miranda rights in Canada...You don't [have the right to remain silent] in Canada..."
Also untrue. We have always had the right to remain silent on arrest. And the Charter guarantees immediate right to counsel: /4
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A timely reminder. Criminal defence lawyers are not accessories after the fact. We do not defend, justify or condone what our clients are alleged to have done. We defend our clients' rights to a fair process in the courts. The system would be in chaos without us there. /2
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Criminal defence lawyers all have their paths into their chosen area of law. On what would have been my mom's 96th birthday, I realize that it is thanks to my parents that I am a criminal defence lawyer. But not for the inspirational reasons you might think. 1/14
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When I am with my damaged, broken clients, I think of my parents. I think that somewhere there is a photo of the client, like this photo of my mom, showing them at their best. There is virtually nobody who does not have good inside them, waiting to be seen and drawn out. 14/14
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@danielrskinner
Buddy Holly (22); Otis Redding (26); Kurt Cobain, Janis Joplin, Jimi Hendrix (all 27); Eva Cassidy (33); Franz Schubert (33); Wolfgang Amadeus Mozart (35); Felix Mendelssohn Bartholdy (38); John Lennon (40). Others died young too, but these would have stayed great.
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I have been in the criminal courts for 35 years. As a student I saw people addicted to glue. Then crack. Then opioids. Now fentanyl. I have seen drug addiction ruin so many lives. Our drug laws drive addicts underground, making their drug purchases and use unsafe. Legalize now!
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As it stands, we are strangers in fact worse, colonists - who bring our justice roadshow into town every couple of months, and expect the community to bend to us. There must be a better way to achieve meaningful justice in these communities.
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With his recent comments on selecting judges whose views on criminal law issues line up with his own,
@fordnation
has put
@douglasdowney
in a position where he either has to repudiate his premier, or resign. The A-G cannot simply carry on as though the comments weren't made. /2
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Since early in the pandemic, people serving intermittent sentences have not actually been spending time in jail. They serve their sentences at home on the weekends. There has been no increase in crime, no threat to public safety. What does this tell us of the "benefits" of jail?
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I do criminal defence law. That's all I've done for 32 years now. So when somebody says to me, "You're a lawyer, can you do me a favour and look over this contract for me?" I want to say, "Would you want your dermatologist to do your brain surgery?"
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I am completing a draft bail order for the Court of Appeal. Where the date goes, I am required to put "A.D.,2020". Once I forgot the "A.D." and my document got sent back. Can we not at this point assume that I am not asking for a document to be backdated over 4000 years?
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What an unexpectedly extraordinary Thanksgiving. I’m still feeling overwhelmed. Bear with me here, it will be worth it. It started with me arranging to see & try out a few baby grand pianos near Montreal. It’s the second visit that I think will stay with me the rest of my life.
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I was forced to learn from a very early age that there is so much more to a person than the harmful things they do. Every person, no matter how hurtful or destructive, has a core of decency. Redemption is always possible. I have seen it in my hero, my dad. 13/14
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Pro tip for counsel doing Zoom trials. Meet with the client by Zoom right before, to make sure that they are well lit and can be heard, and that they are in a suitable space. And - I can't emphasize this enough - to ensure that they are not wearing a T-shirt that says "ASSHOLE".
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Thanks to an unsolicited endorsement by the exploding
@JamesDBowie
, I have been inundated with more followers than I can handle in 1 day. I haven't been here on Twitter much today, so please don't be offended if I don't follow back - it just means I haven't seen you.
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Can we really expect these people to have an innate respect for the white man's justice system? Should they be punished if they don't? They did not ask for this system. It has been imposed on them, and at horrific cost. /9
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A bit of a rant.
I have a wonderful associate,
@crich114
, called to the bars of both Québec and Ontario a few months ago. She is brilliant and dedicated.
I am increasingly disturbed by how she, as a young female lawyer, is treated by some judges, Crowns and court staff. 1/8
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I can't help thinking that there must be a better way to approach crime in the North, and in Indigenous communities generally. The idea of we the colonists swooping in and delivering our justice, and demanding adherence and respect, is fraught with problems. /13
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When I was in Fort Resolution yesterday, there was a memorial down the street to 161 children who had died in a residential school. The justice system is brought to them by the same people who brought them that horror. /10
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At the risk of boring people with more aurora photos, Yellowknife is a magical city. I'd be so happy if even somebody seeing these started thinking about coming up here and experiencing the North.
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I've seen a lot of misinformation over the SCC decision in Bissonnette.
For the record:
1. A life sentence is still a life sentence. Some of that may be served on parole, with the lifelong possibility of returning to jail.
2. Parole is NOT automatic, even after 25 years. /2
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One of the most inexplicable human behaviours is the mad dash on board a plane to stand up in the aisle as soon as the plane has landed. All you’re accomplishing is getting to the baggage carousel sooner - where you’ll wait, because you’re there before the luggage arrives.
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The criminal defence lawyer is never endorsing what the client is alleged to have done, or endorsing the client personally. The defence lawyer leans against a much more powerful adversary - government agents including the police and Crown - to ensure a fair trial.
How do lawyers defend people who are obviously guilty of brutal, awful crimes?
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Me in Zoom court today. Nobody spotted the photo-bomber.
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What is almost as shocking as the out-of-control wildfires ravaging the Northwest Territories - and closing in on Yellowknife - is the almost total lack of national news about it. The scope of the destruction is unimaginable.
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That said, if the lawyer espouses the views of the client, and acts as a mouthpiece for the client and seeks to promote their cause, that is entirely different. In that case the lawyer is effectively one of the protesters, just with a law degree. /4
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For a start, not every breach of a release, probation or conditional sentence order is worthy of a charge or punishment. Police, please stop clogging up our courts and our jails with pointless, victimless breach charges where the accused did nothing more than show disrespect. /15
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Dollarama is now open in Yellowknife. It’s just like Ottawa here now, but with ravens instead of crows.
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It's trite to say, but if criminal defence lawyers made decisions on whether or not to accept a retainer based on the popularity of the client, we would all be out of work. Everyone is entitled to a defence. That's in the Charter of Rights, part of our constitution. /6
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More importantly, we in the criminal justice system all need to acknowledge that we must earn the respect of the Indigenous communities that we fly into. We should be going in and spending time, meeting with band leaders, elders, the people who host us. /17
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Some photos from the amazing aurora show that I was so lucky to see last night on still-frozen Rat Lake in Yellowknife. One of them was taken as the electrical storm was happening right overhead. Magical and indescribable. You really have to come here and see it firsthand.
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Do not condemn out-of-hand a lawyer who takes on an Ottawa protester or supporter as a client.The lawyer may disapprove of what their client is alleged to have done, or even loath it, but is doing their job as they are ethically required to do. /3
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Clocks go ahead tomorrow night. I call again for clocks to go ahead Friday afternoons at 2pm. Bring the weekend on sooner rather than give us a weekend that’s an hour shorter!
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If the bodies of dozens of dead children were found buried in your neighbour’s back yard last week, do you think the block party and fireworks scheduled for tomorrow would still go ahead?
This should be a very different, muted, somber Canada Day. A day to reflect and remember.
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A fellow lawyer was telling me how, leading up to vacation, he had to work a couple of 100-hour weeks to get ready for vacation. Upon return, he had to work a couple of 100-hour weeks to catch up. The concept of "vacation" in the private sector is illusory, sadly.
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@fordnation
is not talking about picking judges who are friends of the Conservatives. What he is suggesting is far worse: he wants to select judges based on how they will rule on cases yet unheard. This is unprecedented and demands a strong response from the Attorney-General.
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One of the greatest times in Ottawa is the Race Weekend. Just did the 10K and there really is almost nothing as life-affirming as setting a challenge for yourself and just doing it, especially alongside thousands of other people. My time was poor but who cares!
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Can you understand now why I’m a big fan of Zoom trials? Two years ago I would have been driving back and forth between Ottawa and Cornwall each day of a 2-week trial. Now I can do it from the cottage, no distractions. And the trial has a negligible carbon footprint.
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What could be more Canadian than a (counter-) protest sign that starts with "Please" and ends with "Thank you"?
Another local resident showed up at Parliament Hill with a request to stop honking at night.
#cdnpoli
#antivaxxers
#Ottawa
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Someone is asking for a referral to an "aggressive family law lawyer". I can't think of an area of law more ill-suited to a scorched-earth approach than family law. Give me somebody compassionate, intelligent and well-prepared any day.
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I can’t imagine there are any sadder places than outside family courts on the last court day before Christmas. The people here look completely despondent.
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@jfav41
This would normally be a huge day in the hospitality industry in Ottawa. Peaceful celebrations would go on well into the night, people would roam downtown and the market, spending freely. Now the convoy comes to town bringing its own barbecues and scaring customers away.
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If the accused actually caused harm by breaching - for example, by communicating with a victim who wants no contact - by all means lay the charge. But do we need to arrest and incarcerate a man who is walking down a street in Fort Providence 2 hours after curfew? /16
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If today turned out to be my last day on earth, I’d say things ended on a high note. A perfect day and evening.
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And to our young colleagues, you've earned your right to be treated as a lawyer. You've gone through several years of University, you've articled, you've passed your bar exams. Respectfully assert yourselves. Remember that another person's behaviour reflects on them, not you. 8/8
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On this day in this tiny hamlet of about 600, there were 63 people on the docket. Yes. Ten percent of the town was in court today, facing charges. Imagine if Toronto had court just once in 6 months, and 300,000 citizens showed up facing charges. /5
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After 3 days of trial, my client today was acquitted of sexual assault - despite s. 276, and despite calling no defence evidence. He had been carrying this burden for 3 years, and broke down in tears at the verdict. Had it gone the other way, he was looking at 2+ years jail.
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We're seeing a lot of cognitive dissonance on display. I normally associate the "right" with law & order, and the "left" with civil liberties. But now it's the left supporting extreme measures in Ottawa and the right talking about Canada being a police state. /2
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I have seen a lot of cryptic comments here in the past day about something that happened in Toronto yesterday. For those like me who were wondering what happened, here you go. My thoughts go out to the folks at Hicks Adams, particularly the young victim.
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Just going through my office phone bill and am being reminded of the disgusting practice in Ontario of requiring inmates to make collect calls to landlines. A local collect call is $1.15 from the Ottawa jail, even if not answered. That’s $100s of dollars per month for me.
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If you wonder why our courts are in crisis, you need to look no further than cases like this. Client has serious mental health issues, no criminal record, and missed a remand court date (not a trial date). The Crown won't drop that charge, wants jail, so we're setting a trial.
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#ProTip
: If you are a criminal lawyer, and want to know what cases you should be really familiar with, start with this list of cases that you do not need to file with the Ontario Court of Appeal because they are so well known:
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I am very excited to announce that I have been awarded a prestigious Lawyer Monthly Magazine Legal Award 2020. All that is left to do is order my trophy, for $375 USD plus shipping.
I don't know why this announcement was in my junk folder.
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@g_hot_soup
@elonmusk
@nytimes
How many times has the NWS clause been invoked, especially to curtail free speech? Never by the federal government. And the only reason we have it is that the Conservative govt in Alberta insisted on it.
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It is beyond debate that Indigenous persons are grossly over-represented in Canada's jails, and often for minor offences and particularly for breaches. It is easy to see why this problem exists. The question is, what do we do about it? /14
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We spring forward tomorrow night, so time for my annual appeal. I am advocating for the following: move the clocks ahead at 2 PM Friday, not 2 AM Sunday. That brings the weekend an hour closer, rather than shortening the weekend by an hour. Are you with me
@SeanBawden
?
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Every day this truck, like many others across the province, transports prisoners between the courthouse and the detention centre. Most of those people are awaiting trial, presumed innocent. They are not “offenders”.
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When a person is sentenced to jail, the punishment is the taking away of virtually all liberties. No family time, no going for a walk, no going to a movie or restaurant, no impulsive decisions to get out and do something. Jail does not need to be a hellhole to be punitive.
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Dear Crown Attorneys: The person who has brought the complaint against my client is a COMPLAINANT. Please refer to them as such, and not as "the victim". The complainant is not a victim unless and until my client is found guilty. Even in sex assault cases.
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I say this not knowing who will get calls from the station as arrests are made. I would hate to see good, decent, ethical lawyers get trashed here - or heralded as freedom fighters - because they agreed to give legal advice or take on a protester as a client. /5
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When you're wondering why there is a crisis of backlog in our criminal courts, consider this. On Friday I'm doing a trial for a schizophrenic client, with no criminal record, charged with missing a remand court date (not a trial) - in December 2020.
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The best feeling as a criminal defence lawyer. Client acquitted today on serious charges including sex assault and kidnapping. He’s been in custody for almost four years waiting for his trial, so watching him walk out of the courthouse into the rain wth his mother was beautiful.
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In the jurisdiction where I’m presently doing a guilty plea, it’s been made clear that all pleas must be done IN PERSON other than in exceptional circumstances. I drove 90 minutes to get here; my client got a lift to court. Crown is here. Judge is appearing from home by phone.
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My most urgent request/New Years wish of
@douglasdowney
: convince your government to inject funds into
@LegalAidOntario
(LAO).
A crisis is coming. In April 2019 the Ford govt cut its contribution to LAO by $133M (29%). We were just beginning to feel these cuts when COVID hit. /2
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On today, Canada's National Day for Truth and Reconciliation, I reflect with sadness on the fact that the
@SCC_eng
released its decision in R. v. Gladue in 1999, and yet the over-representation of Indigenous persons in our courts and jails is now at a higher rate than then. /2
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Day 1 of 3-week Zoom trial. I'm in Ottawa. My client is at home in Toronto. The Judge is at her home near Ottawa. The 2 Crowns are in their Ottawa office. The police witness is in Coquitlam BC. The court registrar is in Cornwall. This would not have been possible a year ago.
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A few minutes ago in Yellowknife. Man I’ll miss this place when I leave tomorrow, but it’s okay - I’ll be back in three weeks for an even longer stay.
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@Broadcasms
My Dad died almost 10 years ago. I took over his email account in order to monitor it and make sure nothing fell through the cracks. A few days ago, unprompted by anything, I sent myself an email from his account so that I could briefly relive seeing an email from my Dad.
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When you get your vaccine in the NWT, you get a choice of pins in English, French, or one of about a dozen Indigenous languages. I went with Inuktitut.
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@Brenda02605544
@peggy_blair
Yes. The place where Ottawans would gather to celebrate was targeted by the convoy. Locals and visitors are staying home. I’ve heard it many times. I myself am staying away.
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And no, I have not received a call, nor do I expect to. I have no skin in this game.
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Patience paid off tonight. What started off as a mild aurora show suddenly turned into this around 1am in Yellowknife. Taken from the middle of one of the many lakes in the city.
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The criminal justice tools at our disposal are, at best, an awkward fit in the North. Separating spouses from each other when the husband has assaulted the wife during a drunken fight. Prohibiting a drunk driver from driving for a year, preventing them from working. /12
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Is it time to do away with the religious oath entirely, and have witnesses affirm to tell the truth? I think the answer is a resounding yes.
Over the past two years I have seen the bizarre spectacle of witnesses being asked over Zoom if they would prefer to swear or affirm. /2
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@JamesDBowie
@OttawaPolice
"The Ottawa Police will also provide the names of university students charged with criminal offences to Carleton University and the University of Ottawa so that student conduct rules may be applied."
This is a totally uncalled-for invasion of privacy.
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@JulieSmythOtt
Freedom from making an income because these idiots want to take over the government, end abortion, pursue a radical right-wing agenda, and end mandates that don’t even exist any more.
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You know there's a serious problem with Legal Aid, and with access to real justice, when the Crown Attorneys' Association and the defence bar - as represented by
@ClaOntario
- are united in calling for more funding for Legal Aid. via
@torontostar
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Last night, just down the road from where I’m staying in Yellowknife. Aurora spottings have been rare this winter, with a lot of disappointed tourists, so I’m grateful that the temperature dropped and the clouds parted last night to make a mild show visible.
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The worst part of a 6am flight isn’t that I have to get up at 4am, it’s that I wake up every 10 minutes between midnight and 4am thinking I missed my flight. Saving grace is that I’m returning to my beloved Yellowknife for a few days.
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I'm learning that it is best to avoid Twitter over what is supposed to be the holidays. All these posts signalling how hard people (lawyers) are working on holiday weekends is not good for the anxiety levels. Are there any lawyers taking some time off to relax and recharge?
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Today we flew into Fort Providence, all drove in RCMP trucks to the Snowshoe Centre - the community hall where we set up court - and we just plowed through the docket. It was only luck that allowed me to take a little walk around town at the end of the day. /18
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One of the most beautiful buildings anywhere. The Igloo Church in Inuvik.
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If you ever receive an email from me that mentions an attachment, please wait about 2 minutes for my second email that actually includes the attachment.
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It’s before 6pm in Ontario. Look out your window. Tomorrow this is what it will look like before 5pm. And for the following six weeks darkness will come increasingly earlier. Why do we still inflict DST on ourselves?
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