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Enforcing the Rule of law

Are you equal or not?

• Gathering evidence
  • Define your goal
  • Plan for safety, then prepare for the worst
  • Assemble your tools
  • Tell someone
  • Git 'er done
• Court of Ontario
  • Courts of Justice Act R.S.O. 1990, CHAPTER C.43
    • Courts of Justice Act R.R.O. 1990, REGULATION 194 RULES OF CIVIL PROCEDURE
    • Courts of Justice Act R.R.O. 1990, REGULATION 200 RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS
    • Courts of Justice Act, ONTARIO REGULATION 722/94 RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN APPEALS UNDER SECTION 135 OF THE PROVINCIAL OFFENCES ACT
    • Courts of Justice Act, ONTARIO REGULATION 723/94 RULES OF THE ONTARIO COURT (GENERAL DIVISION) AND THE ONTARIO COURT (PROVINCIAL DIVISION) IN APPEALS UNDER SECTION 116 OF THE PROVINCIAL OFFENCES ACT
  • Ontario Court of Justice
    • Criminal Rules of the Ontario Court of Justice
  • Ontario Superior Court of Justice (http://www.ontariocourts.ca/scj/practice/rules-forms/)
• Sureties to Keep the Peace (peace bonds)
  • Common law - individuals likely to commit property offences, "keep the peace"
  • Added to Criminal Code in 1892, codified magistrate practice
  • Criminal Code sections:
    • 810 Where injury or damage feared
    • 810.01 Fear of certain offences
      • 423.1
      • Criminal organization offence
      • Terrorism offence
    • 810.1 Where fear of sexual offence
    • 810.2 Where fear of serious personal injury offence
    • 811 Breach of recognizance
    • 127 Disobeying order of court
  • "Preventative" restrictions on liberty = punitive
  • Balance of probabilities standard
  • R. v. Soungie, 2003 ABPC 121 (CanLII)
  • Crown policy:
    • An arrest warrant should be sought, as opposed to a summons, to ensure appropriate release conditions are imposed (character attack lacking due process via statute, acknowledgement that the accused attending court after reciept of summons is detrimental to the character attack).
    • Ensure the court considers 810(3.1), as required.
    • Oppose the imposition of a peace bond on the complainant (a mutual peace bond). If this is considered by the court, an adjournment must be sought to permit the complainant opportunity to obtain legal advice. Re: witness walks in and, without notice, walks out with a recognizance.
  • Correctional Service Canada
    • Used to extend punishment after sentence served (analysis of "The Case of Mr. Z" to follow: Let's Talk Vol.31 No.3 )
      Hint, Crown Counsel Roger Cutler: "Are there reasonable grounds to fear that Mr. Z will commit a serious personal injury offence on his release?" is not what the plain meaning statute says, nor is this generalization to public safety the intent.
  • Public Safety Canada
    • High-Risk Offenders - A Handbook for Criminal Justice Professionals, Section 3
• Citizen's arrest
  • Federal (Criminal Code offences)
    • Section 494, Arrest without warrant by any person
  • Provincial (non-criminal offences)
    • Highway Traffic Act
    • Liquor License Act
    • Trespass to Property Act
• Private prosecutions
  • Summary
  • Hybrid
  • Indictable
• Civil tort
  • Scorched Earth policy
• Private Attorney General
  • Qui tam
• Going public

Further reading

Material referenced in these pages or suggested.

• Department of Justice
• Ontario Police College
• Commission for Public Complaints Against the RCMP
• Ombudsman Ontario
• Egon Bittner
• John Van Maanen
• Herman Goldstein
• Laura Huey
• Scott, Michael S. Problem-Oriented Policing: Reflections on the First 20 Years. Washington D.C.: U.S. Department of Justice, Office of Community Oriented Policing Services, 2000.
• Harmening, W. (2010). The criminal triad: Psychosocial development of the criminal personality type. Springfield: Charles C. Thomas.
• CMHA
• Davis, S. (2006). Community Mental Health in Canada. Vancouver: UBC Press.
• Hart, C. (2013). High Price: A Neuroscientist's Journey of Self-Discovery That Challenges Everything You Know About Drugs and Society. New York: Harper.
• Andrews, D.A.; Bonta, J. (2010). The psychology of criminal conduct, Fifth Edition. New Jersey: Matthew Bender & Company, Inc.