Court Appearances and Canadian Legal Terms

[Snoofo]

Hoping for justice I hadn't seen your post before posting. The staffing thing could be right. The "incident" wouldn't make sense except Court covering up its staffing issue, as that information alone could create serious problems.

Maybe we will find out, maybe we won't.

 

[Alethea Dice]

from:
http://metronews.ca/news/hamilton/685845/the-tim-bosma-case-in-focus/



Thomas Dungey has been in criminal law for over 25 years. I wondered if he is uber security conscious and this was the norm for him, but the CHCH article did say "incident".

I think it was just because he didn't want to talk to reporters that Dungey had himself escorted out by police. It was also during that first court appearance that extra security was brought in.

After Smich's appearance, Dungey spoke briefly with journalists in the courthouse hallway, refusing to go outside in front of cameras. (Cameras cannot be used inside Canadian courthouses.)

"At this point, Mr. Smich will be pleading not guilty," he told the media. "We will be defending this case vigorously on this trial, and there will be no other comments made at this time."

After that, Dungey, escorted by several Hamilton police officers, dashed out the back door of the courthouse past news cameras, hopped into a waiting car and drove away.

Extra security was brought in for his appearance, which lasted 10 minutes.

http://www.thespec.com/news-story/3236885-clairmont-accused-bosma-killer-cowers-in-court/

JMO

 

[Alethea Dice]

Since we know from the previous court date that this was to be a video appearance only, perhaps it was just a staffing or power outage issue. It just seems an odd way of wording it.

JMO

 

[Juballee]

Since we know from the previous court date that this was to be a video appearance only, perhaps it was just a staffing or power outage issue. It just seems an odd way of wording it.

JMO

Perhaps 'security issue' just sounds more professional than 'staffing issue'?

 

[hopingforjustice]

http://www.lfpress.com/2014/01/03/p...lace-staff-off-sick-or-on-vacation-union-says


The province’s refusal to sign a new work agreement that guarantees vacancies will be filled when staff call in sick or are on vacation, is leaving correctional officers fearful they’ll be swamped at Elgin-Middlesex Detention Centre.

“This is going to blow up. It’s like we’re counting down to D-Day,” said correctional officer Trish Goden, president of OPSEU Local 108.

Faced with staff shortages, correctional officers will have no choice but to lock inmates in their cells for long stretches, a move that often heightens tension and violence, the union says.


Article is referring to Elgin Middlesex but is a Provincial issue and an interesting read

 

[Miranda]

This article discusses staffing issues at the East End Detention Centre in August 2013

http://www.thestar.com/news/gta/2013/08/01/visiting_hours_cancelled_at_another_toronto_jail.html

 

[greenthumb]

http://www.cbc.ca/news/canada/hamilton/news/brief-court-appearances-for-accused-in-tim-bosma-killing-1.2517473

Dellen Millard and Mark Smich appeared individually by video, each appearance taking about 30 seconds. Eight of Bosma’s friends and family sat in the second row, craning their necks to see the men’s images on the screen. When the suspects appeared, the family members audibly drew a collective breath.

The appearances were uneventful — just long enough for both cases to be put off until Feb. 27, when they’ll appear via video link again.

The next significant step in the case won’t begin until Sept. 8, when their preliminary hearing is scheduled to begin. That will take about eight weeks.

 

[swedie]

Just in case you ever get these two environments mixed up:
(An email I received to brighten ones day)

PRISON
You spend most of your time in a 10X10 cell

WORK
You spend most of your time in a 6X6 cubicle

PRISON
You get three meals a day fully paid for

WORK
You get a break for one meal and you have to pay for it

PRISON
For good behavior you get time off for good behavior

WORK
You get more work

PRISON
The guards lock and unlock all the doors for you

WORK
You must carry a security card and open all the doors yourself

PRISON
You can watch TV and play games

WORK
You could get fired for watching TV and playing games

PRISON
You get your own toilet

WORK
You have to share the toilet with people who pee on the seat

PRISON
They allow your family and friends to visit

WORK
You aren't even supposed to speak to your family

PRISON
All expenses are paid by the taxpayers with no work required

WORK
You must pay all your expenses to go to work and they deduct taxes from your salary to pay for prisoners

PRISON
You spend most of your life inside bars wanting to get out

WORK
You spend most of your time wanting to get out and go inside bars

PRISON
You must deal with sadistic wardens

WORK
They're called managers

 

[Snoofo]

That's funny Swedie!

What's not funny is the true comparison of prison v. Nursing home. Not to be a buzzkill, but it's one of the more depressing realities.

Sent using Tapatalk 2

 

[Snoofo]

http://www.cbc.ca/news/canada/hamil...es-for-accused-in-tim-bosma-killing-1.2517473

Dellen Millard and Mark Smich appeared individually by video, each appearance taking about 30 seconds. Eight of Bosma’s friends and family sat in the second row, craning their necks to see the men’s images on the screen. When the suspects appeared, the family members audibly drew a collective breath.

The appearances were uneventful — just long enough for both cases to be put off until Feb. 27, when they’ll appear via video link again.

The next significant step in the case won’t begin until Sept. 8, when their preliminary hearing is scheduled to begin. That will take about eight weeks.

Out of curiosity, what's the point of all these brief appearances?

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[robynhood]

Great Question....Snoof....would be neat if someone can say what is the purpose of these court appearances?
....all the accused do is say there names....appear 30 secs on video often and it is done..

I would personally LOVE to know why we have them too???..robynhood

 

[Snoofo]

Fyi , if any of you were following the Billy Mason case, Susan Clairmont had some great live tweets from the Courtroom. I imagine there's a WS thread but since I haven't been on it I am mentioning it here.

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[FastLikeLight]

Can anybody enlighten how now everything will go? Will two or three trials be run separately if DM will plead not guilty?

 

[THXGuru]

Can anybody enlighten how now everything will go? Will two or three trials be run separately if DM will plead not guilty?

I believe all the charges against Millard will be tried separately. Unless they are all connected somehow. The crown could make a case that he is a serial killer and put them all together.

 

[SnooperDuper]

I think this is an organized crime case and DM is the kingpin, not the pawn.

I think all DM's drug, theft, prostitution, murder, real estate activities are part of one enterprise, and he's got a lot of the criminal element in his social network...which is why people aren't talking: because they are not innocent.

 

[swedie]

I've slipped up and haven't been posting court appearances. :blushing:

January 30, 2014
Dellen Millard and Mark Smich appeared individually by video, each appearance taking about 30 seconds. Eight of Bosma’s friends and family sat in the second row, craning their necks to see the men’s images on the screen. When the suspects appeared, the family members audibly drew a collective breath.

The appearances were uneventful — just long enough for both cases to be put off until Feb. 27, when they’ll appear via video link again.

http://www.cbc.ca/news/canada/hamil...es-for-accused-in-tim-bosma-killing-1.2517473

 

[swedie]

February 27th, 2014
Smich appeared first during the afternoon proceedings. He wore an orange jumpsuit and didn't speak.

Millard appeared 20 minutes later, also in an orange jumpsuit. With his hands clasped behind his back, he stated his name and said he understood his next court date.

The two men will appear in court via video on March 27, leading up to the preliminary inquiry on Sept. 8.

Bosma's widow Sharlene sat in the third row of the public gallery, flanked by family members on both sides. She greeted people with smiles, but her look quickly grew sombre when the court proceedings began.

She declined an interview afterwards.

http://www.cbc.ca/news/canada/hamil...spects-make-brief-video-appearances-1.2554116

 

[swedie]

In bold, kind of interesting...DM now with longer hair?

March 27, 2014
Mark Smich and Dellen Millard were remanded to appear by the same means about one month from now on April 24.

Smich appeared on the screen in an orange jumpsuit. His head is now bald and he had his hands behind his face, and briefly brought them to his side, and then clasped them in front. He confirmed his name when the judge addressed him. The next time he spoke was when the appearance was over. “Thank you,” he said.

Millard was also in an orange jumpsuit, with his hair almost to his shoulders. He ran his hands through it, and then held them behind his back. The judge got him confused with someone else. “No, I’m Dellen Millard,” he said. And then, just, “Alright. Thank you," at the end.

http://www.cbc.ca/news/canada/hamilton/men-accused-in-tim-bosma-s-death-appear-in-court-1.2589213

 

[swedie]

Accessory after fact to murder
240. Every one who is an accessory after the fact to murder is guilty of an indictable offence and liable to imprisonment for life.

Proof of the offence
To prove the offence, the crown should establish the following in addition to the essential elements of time, location and identity:[1]

the accused knew a crime had been committed
the accused intended to aid the principal
the accused did an act that enabled the principle to escape (arrest, trial, punishment)

http://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Accessory_After_the_Fact

 

[swedie]

April 11, 2014 Christina will appear again in court May 5, 2014. One day prior to the first anniversary of TB's murder.

Christina Noudga, accused in Tim Bosma death, in Hamilton court today
Christina Noudga, the most recent person arrested in the death nearly a year ago of 32-year-old Tim Bosma, is set to appear in a Hamilton court this morning.

Police arrested the 21-year-old Toronto woman on Thursday. She's charged with accessory after the fact in the killing of the Ancaster, Ont., father.

http://www.huffingtonpost.ca/2014/0...ed_n_5132568.html?utm_hp_ref=canada&ir=Canada