If you prick us, do we not bleed?
if you tickle us, do we not laugh?
if you poison us, do we not die?
and if you wrong us, shall we not revenge?
If we are like you in the rest,
we will resemble you in that.
...
Though justice be thy plea, consider this,
That, in the course of justice, none of us
Should see salvation: we do pray for mercy;
And that same prayer doth teach us all to render
The deeds of mercy.
18. It is the duty of members who are peace officers, subject to the orders of the Commissioner,
(2) A police officer has authority to act as such throughout Ontario.
Powers and duties of common law constable(3) A police officer has the powers and duties ascribed to a constable at common law. R.S.O. 1990, c. P.15, s. 42 (2, 3).
At the first stage of the Anns test, two questions arise: (1) was the harm that occurred the reasonably foreseeable consequence of the defendant's act? and (2) are there reasons, notwithstanding the proximity between the parties established in the first part of this test, that tort liability should not be recognized here? The proximity analysis involved at the first stage of the Anns test focuses on factors arising from the relationship between the plaintiff and the defendant. These factors include questions of policy, in the broad sense of that word. If foreseeability and proximity are established at the first stage, a prima facie duty of care arises. At the second stage of the Anns test, the question still remains whether there are residual policy considerations outside the relationship of the parties that may negative the imposition of a duty of care. Cooper v. Hobart
However,There is no basis in the statute or elsewhere for the commencement of an action against a ministry of the Crown. Accordingly, the Ministry of Health and Long Term Care is not a proper party and is not a suable entity at law. The plaintiff's claim against the ministry should be struck. Deep v. Ontario, [2004] O.J. No. 2734 (Sup. Ct.) at para. 82, aff'd [2005] O.J. No. 1294 (C.A.).
A municipality, an unincorporated association of employers, a trade union or council of trade unions who may be a party to a proceeding in the exercise of a statutory power of decision under the statute conferring the power shall be deemed to be a person for the purpose of any provision of this Act or of any rule made under this Act that applies to parties. Statutory Powers Procedure Act R.S.O. 1990, c. S.22, s. 1 (2).
surely trueTake home: if true, statistical analysis is mostly useless as it produces distinctions below the level of human perception
more probable than not
as probable as not
less probable than not
surely false
Theory: innocent until proven guilty. Any condition must relate to ensuring the attendance of the accused, preventing further offences, ensuring there is no interference with the course of justice, or the safety and security of any complainant or witness. Firearms prohibitions are mandatory bail terms for certain offences (s.515(4.1)).
Reality: guilty until proven innocent, cruel and unusual treatment/punishment
In an effort to combine the best of the clinical and actuarial risk assessment methods, a "third-generation" of risk assessment was developed. It has become known as "structured professional judgment". This approach attempts to maximize the strengths and minimize the weaknesses associated with unstructured clinical judgment and actuarial tools. As Dr. Lohrasbe explained, structured professional judgment approaches the available information in an organized and systematic manner. The process is relatively transparent and avoids the dangers of an unstructured clinical process, and the rigidity of the actuarial method. R. v. McDonald, 2015 BCSC 2088 at para. 144
Material referenced in these pages or suggested.