The idea that it is just property and insurance will cover it is too simple. I personally knew an older lady, like the one in this case, who was recently widowed and had her property robbed while she was away. It personally destroyed her and she sadly died about a year later. These robberies can wipe people out financially and leave them traumatized for life.
Gerald Stanley found not guilty in death of Colten Boushie
- Thread starter Charlemagne
- Start date
Sorry as a non lawyer that made no sense. Please dumb it down for a layman like myself.
37**(1)**Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.
Marginal note:Extent of justification
(2)**Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent.
Where does it say the persons past affects your ability to shoot them?
27**Every one is justified in using as much force as is reasonably necessary
(a)**to prevent the commission of an offence
(i)**for which, if it were committed, the person who committed it might be arrested without warrant, and
(ii)**that would be likely to cause immediate and serious injury to the person or property of anyone; or
(b)**to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).
Ditto for this section
My post was in response to the person sharing that coulten's family had a criminal past.
His past and family has no bearing on whether or not it was okay to shoot him.
the point i am making is there are confrontations where it would be unwise to enter. The farmer's situation was unwise.
As stated before it was bad idea for both.
If both survived both should face charges.
Hindsight.....you could say thay for many people appearing in front of a judge they made a bad choice.
I am not saying that in a stressful situation i would make the right choice. But if i made a bad choice i wouldnt be shocked if the law was not sympathetic.
All i am trying to say is that if you think you cam shoot a robber and walk it is not a slam dunk so think carefully.
Also i heard that in gta juries are 71 per cent white even though it is 50 per cent white.
Jury rolls exclude renters.
Students often get a pass.
People who cant afford time off can be exempt.
In other words the pool favours older home owners.
Easy fixes would be add renters to list and provide a small fee say minimum wage.
The system is not racist but it is unintentionally biased
Also i heard that in gta juries are 71 per cent white even though it is 50 per cent white.
Jury rolls exclude renters.
Students often get a pass.
People who cant afford time off can be exempt.
In other words the pool favours older home owners.
Easy fixes would be add renters to list and provide a small fee say minimum wage.
The system is not racist but it is unintentionally biased
The verdict in this trial may serve as a message to First Nations people that if a similar occurrence takes place that a similar judicial out come maybe the result. Will this verdict act as a deterrent? Too many inconvenient truths are at play here.
I highly doubt it as threat of violence has been a real problem for them for over a century. highway of tears, (mental blank) schools etc
I had a buddy doing contract work on a reserve and he said it was a bleak and scarey experience.
I think your first line wins the Captain Obvious award...lol.
I'm just saying that using certain facts from this case as support (i.e. hindsight) doesn't work when trying to make a general argument. Any of the factors quoted could have been different. They went for an ATV - could have been a different vehicle, could have been them fucking with the animals (if there are any). Sure they had a busted rifle but they could have had a working one or a busted one.
Here's the thing - I just saw that the Boushie family just went to Ottawa. So instead of focusing on the actions of a group of miscreants, the focus is on the system and the lack of justice for Colton. So highly doubtful anything will change as many are focusing on the wrong thing.
The saddening part is you have many shootings/killings of unarmed men, mostly black, in the US. The stories all seem to be similar - guy is UNARMED, gets accosted by police, somehow ends up wounded or dead. In most cases, the guy did NOTHING, I repeat NOTHING, to provoke anybody to do anything (reminds me of Rambo First Blood where Stallone returns from war and the local police harass the shit out of him just for being around). So when race is brought up as a key factor, it is 100% clear that race was a factor. So it bothers me that the race card is being played in this situation when clearly the teens weren't being saints minding their own business or just there ONLY to get help.
There are many criminal cases filed about reservation youth using the area around reservation as there play ground to steal, and cause trouble .
Stoney Nakoda First Nation is mentioned ,in one of two criminal cases ,Indian youth charged .
Two men who carjacked and beat Good Samaritans during crime spree sent to prison
began with the theft of an expensive sport utility vehicle in North Battleford on the night of Dec. 19, 2015. Meechance and Wuttunee, along with four youth, drove to Saskatoon and used the hot wheels to drive into various farmyards and acreages around the city, stealing and damaging property.
'The aggravating factors come close to disbelief': Judge Brent Klause
read these two cases, sick at best
http://www.cbc.ca/news/canada/saskatoon/saskatoon-carjacking-1.4006672
http://www.cbc.ca/news/canada/calgary/highway-robbery-cochrane-car-theft-women-four-rcmp-1.3948371
Maybe MR Selfie our travelling man ,could asked about these and many more cases , if he ever stays long enough in Canada o really act as a PM ,
Stoney Nakoda First Nation is mentioned ,in one of two criminal cases ,Indian youth charged .
Two men who carjacked and beat Good Samaritans during crime spree sent to prison
began with the theft of an expensive sport utility vehicle in North Battleford on the night of Dec. 19, 2015. Meechance and Wuttunee, along with four youth, drove to Saskatoon and used the hot wheels to drive into various farmyards and acreages around the city, stealing and damaging property.
'The aggravating factors come close to disbelief': Judge Brent Klause
read these two cases, sick at best
http://www.cbc.ca/news/canada/saskatoon/saskatoon-carjacking-1.4006672
http://www.cbc.ca/news/canada/calgary/highway-robbery-cochrane-car-theft-women-four-rcmp-1.3948371
Maybe MR Selfie our travelling man ,could asked about these and many more cases , if he ever stays long enough in Canada o really act as a PM ,
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Unless explicit video evidence is provided in court such as in the Sammy Yatim - Forcillo cause then past and present grievances and prejudices seem to result in curious verdicts.
Capital punishment was abolished in Canada in 1962, but the death penalty is still permissible for certain groups who commit certain crimes if the conditions are right.
Capital punishment was abolished in Canada in 1962, but the death penalty is still permissible for certain groups who commit certain crimes if the conditions are right.
What's worse is there seems to be an official rule that favors leniency for indigenous offenders. If a First Nations person and a non-indigenous person commit the same crime, you can expect a lighter sentence for the indigenous person.
Well, not quite.
The rule is the Supreme Court case of Regina v. Gladue . What it holds is that in minor offences where the Native accused can show that his poor behaviour was related to conditions growing up on a reserve, he gets a lesser sentence. So a Native accused who suffers from alcoholism and FAS will get a pass on assaults, if they are not too serious.
Unfortunately, this rule gets stretched from time to time by lower court judges who want to "give someone a break".
Thanks for clarifying. What's considered a minor offence? ATV stealing? What type of assaults? I have to say it seems like a bit of a get out of jail free card and gives them free reign. Is there a rule for repeat offenders i.e. continued leniency or is for first time offenders?
We should yank in a full time criminal lawyer on this, as I am quickly getting out of my depth as to the rules for Gladue . I only do the occasional criminal case these days, usually for friends and old clients.
Empirically, I read a case where Gladue was denied for a serious assault, but then I was waiting in court when it was used to lesson the sentence slightly for a home invader who pleaded out and took a deal. I think that the latter case misused it, as home invasion is pretty high up the food chain for serious and it's not unusual to get more than 5 or 6 years; but I suspect it was part of the deal for a quick plea.
Prison exists for a few reasons
1) punishment/deterrent
2) separating criminals from law-abiding citizens
3) reform/rehabilitation.
Clearly someone who has issues needs (3) so my question has to be how is (3) being addressed by giving a lighter sentence? That should be done in lieu of hardcore reform/rehab programs - less jail time but equivalent community service and support programs. I think there's a variety of criminals that would be better served if there was a clear focus on making them better.
I think that is indeed the thrust of Gladue . The wrongdoer is given community service with the band and is made to publicly ackowledge the harm he has done, instead of being jailed.
I believe that there is among a significant amount of population the sentiment that Boushie got justice unfortunately. I don't believe that the gun went off accidentally.
