On judicial conduct

   Mar 14, 2014

 Winnipeg Free Press – Mary Agnes Welch
‘A closed mind’ on the bench? 

 The appointment of former Public Safety Minister Vic Toews to the Manitoba Court of Queen’s Bench has judges themselves wondering.  Toews had at least 11 decisions overturned by the federal courts and  “found unreasonable and inconsistent with the facts.”  The crux of the criticism comes in the context of issues around the right to return to Canada by those convicted in other countries.  Said Ottawa lawyer Yavar Hameed about a federal court order to repatriate:  “He had an obligation to follow the law and follow the courts, but he did neither.  There was a pattern of unreasonable and close-minded decisions that glossed over evidence while he was minister.”   http://www.winnipegfreepress.com/local/a-closed-mind-on-the-bench-250014831.html

 Globe and Mail – Jeffrey Simpson
With so many critics, how can the Fair Elections Act be fair? 

 The criticism of the ‘Fair Election Act’ is so severe that Simpson judges that it is anything but fair.  Democracy and elections, says Simpson, do not belong to any party and certainly not to any government of the day.  The critics are people like the head of Elections Canada and most of the political scientists.  The critics want a non-partisan approach to any changes in the election rules. http://www.theglobeandmail.com/globe-debate/with-so-many-critics-how-can-this-be-fair/article17481277   Related article: CBC News –Leslie MacKinnon   ‘No evidence’ of voter fraud doesn’t mean it doesn’t happen   http://www.cbc.ca/news/politics/no-evidence-of-voter-fraud-doesn-t-mean-it-doesn-t-happen-1.2571750  

 Toronto Star – Alex Boutilier
Ottawa imposes life-long gag order on bureaucrats, lawyers

 Department of Justice employees and senior bureaucrats in the Privy Council Office are now facing a life-long gag order about the business of government conducted behind closed doors.  “The practical implication of this is that it puts a terrific chill on the possibility of drawing on practitioner expertise, particularly the retired practitioners, to contribute to any kind of debate on intelligence and security matters in Canada if people followed the letter of the law,” said Wesley Wark, a University of Ottawa professor and one of Canada’s leading experts in national security and intelligence issues.”  Of special interest is the widening definition of “special operational information.”   http://www.thestar.com/news/canada/2014/03/13/ottawa_imposes_linelong_gag_order_on_bureaucrats_lawyers.html 

 Ontario Human Rights Commission
Report of the Ontario Human Rights Commission on police use of force and mental health  

 The report follows a number of deadly encounters between police and mentally ill persons in Ontario.  Included in the areas examined are the use of tasers, training, policies and procedures, data collection, mobile crisis intervention teams, and provincial use of force guidelines.  Recommendations are included as well in each of these topic areas.   http://www.ohrc.on.ca/en/report-ontario-human-rights-commission-police-use-force-and-mental-health

 Victoria Age (Au) – Richard Willingham
Crime crackdown leads to booming Victorian prison population 

 Australia has been enforcing a stance of tough-on-crime much the same as Canada: more convictions, more severe sentences, more restrictions on parole.  It is to no one’s surprise that tough-on-crime is not working in Australia, anymore than it did in Canada or the US.  Over one year, the state of Victoria has had a 14% increase in the number of inmates and nothing to show for it but over-crowded prisons.    http://www.theage.com.au/victoria/crime-crackdown-leads-to-booming-victorian-prison-population-20140313-34on2.html#ixzz2vqMERLjI  

 Fosters.com (New England)
Residents in ‘walkable’ neighbourhoods have higher Levels of trust, community involvement 

The study, from Carsey Institute of the University of New Hampshire, says that if you can walk in your neighbourhood, you likely have more community commitment and a higher value on social capital.  Neighbourhoods with higher income tend to have higher walkable ratios but walkability is influenced by concerns of safety, access, time, and health, and by physical characteristics such as proximity, scale, and aesthetics.   http://www.fosters.com/apps/pbcs.dll/article?AID=/20140313/GJNEWS_01/140319657&template=GreatBayRegion

 Indiana Star (US) – Barb Berggoetz 
Criminal law revision creates minimum sentences 

 Here’s a switch!  Indiana lawmakers are looking at revising the sentencing for violent crime by specifying the minimum sentence.  The Bill allows for habitual criminals to receive extra time, in the manner of the three strikes.  The question is likely, are the proposed minimum sentences any better or worse than the mandatory sentences already in place and proving to do little beyond mass incarceration?  State Bill 1006 has been three years in the making and has passed the state legislature; next step is Senate approval and then the governor’s signature.  http://www.indystar.com/article/20140312/NEWS/303120037/Criminal-law-revision-creates-minimum-sentences   Text of Bill 1006:  http://www.in.gov/legislative/bills/2013/HE/HE1006.1.html 

 Philadelphia City Paper (US) – Daniel Denvir
U.S. citizens score legal victories after ICE detention 

 The Immigration and Customs Enforcement (ICE) has had two separate setbacks in rulings by federal appeals courts over the use of detainers or requests to local police to hold for deportation.  One case involved the extended detention of three US citizens as part of a ‘sting’ operation.  http://citypaper.net/article.php?U.S.-citizens-score-legal-victories-after-ICE-detention-19849