Court Appearances and Canadian Legal Terms

[Alethea Dice]

That's funny. I could have sworn we already discussed this at some length. Have the cleaners been in? :sweep:
Or maybe I'm thinking of another thread?

Different thread.

 

[matou]

Ann Brocklehurst @AnnB03 · 20m 20 minutes ago
Postmedia, CBC among other media organizations contesting closed courtroom in run-up to Tim Bosma murder trial. Challenge tmrw in #HamOnt

 

[matou]

Susan Clairmont ‏@susanclairmont 23h23 hours ago
Tuesday, @thespec goes to court to argue against exclusion order that got public kicked out of courtroom at Tim #Bosma murder case. #HamOnt

 

[minisam]

Media outlets to challenge ban barring public from pretrial motions in Bosma case

http://www.thespec.com/news-story/5...g-public-from-pretrial-motions-in-bosma-case/

 

[swedie]

Media outlets to challenge ban barring public from pretrial motions in Bosma case

http://www.thespec.com/news-story/5...g-public-from-pretrial-motions-in-bosma-case/

From the article, Rogers gives examples of why the public and media may be denied access. If either one of those are the reason in this case, either one is not good for defense. I know the ban was ordered by the judge, but I have to wonder at whose request. DP's? MOO.

Rogers says the Supreme Court of Canada has ruled that exclusion orders are allowed only under very specific circumstances — such as protecting the identify of a confidential police informant — or protecting privileged statements, such as those between an accused and a lawyer.

January 16, 2015.
The lawyers for the two men accused of killing Tim Bosma are in court today.

Today their lawyers are meeting behind closed doors in judge Turnbull’s chambers as part of on-going pre-trial proceedings.

http://www.chch.com/lawyers-for-bosma-suspects-discuss-evidence/

 

[Tamarind]

From the article, Rogers gives examples of why the public and media may be denied access. If either one of those are the reason in this case, either one is not good for defense. I know the ban was ordered by the judge, but I have to wonder at whose request. DP's? MOO.

I don't know about that, What if both DM and MS are the confidential informants? Especially if the picture is a whole lot bigger than we are aware of.

Rogers says the Supreme Court of Canada has ruled that exclusion orders are allowed only under very specific circumstances — such as protecting the identify of a confidential police informant — or protecting privileged statements, such as those between an accused and a lawyer.

January 16, 2015.
The lawyers for the two men accused of killing Tim Bosma are in court today.

Today their lawyers are meeting behind closed doors in judge Turnbull’s chambers as part of on-going pre-trial proceedings.

http://www.chch.com/lawyers-for-bosma-suspects-discuss-evidence/

Protecting privileged statements !!! hmm I wonder whose statements might now need to be protected. Not a time for tunnel vision IMO.

 

[Carli]

Media outlets to challenge ban barring public from pretrial motions in Bosma case

http://www.thespec.com/news-story/5...g-public-from-pretrial-motions-in-bosma-case/

I find the following quote from the article to be of particular interest:

"Glithero would not explain why the public was being kicked out, only that the issue to be discussed in secret was "important" and "controversial" and needed to be dealt with immediately.
Rogers says the Supreme Court of Canada has ruled that exclusion orders are allowed only under very specific circumstances — such as protecting the identify of a confidential police informant — or protecting privileged statements, such as those between an accused and a lawyer.
The unscheduled, three-hour appearance in February was called by Glithero and the exclusion order (or sealing order) was also his doing.
Outside the courtroom that day, assistant Crown attorney Tony Leitch said "I have no doubt the matters being considered would be of great public interest."
Court documents obtained by The Spec show Glithero banned any production of a transcript from that day's hearing. "
However, there are other very worrying special circumstances that can lead to exclusion. For instance,

http://icclr.law.ubc.ca/files/publications/pdfs/ES%20paper%20-%20exclusionary%20evidence%20rule.pdf

At Duchaime http://www.duhaime.org/LegalDictionary/S/SealingOrder.aspx we learn that sealing orders often are used in matters relating to crimes involving minor children. However, the sealing definition also includes the following...

"Other frequent examples involve litigation, civil or criminal, which include state security or military secrets or information which might compromise law enforcement (such as an ongoing investigation or the identity of an informant)."

It may be noted that most of the illustrations at the Public Prosecution Service of Canada website http://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg/fps-sfp/tpd/p3/ch04.html relate to protection of informants and continuing police investigation.

But Fasken has by far the most far reaching and in-depth exploration of the subject at http://www.fasken.com/files/Event/7...he implied undertaking of confidentiality.pdf
in his "The Implied Undertaking of Confidentiality— Theory and Practice; and a Brief Look at Confidentiality and Sealing Orders"

I wonder what's up. At the same time, if divulging the protected information hinders a fair trial, then I have to hope the sealing order stands.

 

[SnooperDuper]

So, public is back in court. Judge says next two hearing dates will NOT be in camera. #Bosma

https://twitter.com/susanclairmont/status/585471655104872448

 

[SnooperDuper]

Certain parts may be in camera though, and a publication ban will still be in effect. #hamont #sc #bosma

https://twitter.com/AdamCarterCBC/status/585471955140276226

 

[SnooperDuper]

Judge has issued a standard publication ban for April 30 and May 1.

https://twitter.com/susanclairmont/status/585472005094379520

 

[SnooperDuper]

Judge suggesting media lawyers may want to be in court for April 30 "to see what transpires."

https://twitter.com/susanclairmont/status/585476553871597568

 

[SnooperDuper]

Correction: Millard's lawyer's name is Faisal Mirza. Apologies on that one. #HamOnt #sc

https://twitter.com/AdamCarterCBC/status/585479356530700288

Sheesh, how many law firms has DM got at his beck and call? http://www.mirzakwok.com/about-us/

 

[SnooperDuper]

Transcript from February will be made available to media, but is subject to a publication ban.

https://twitter.com/susanclairmont/status/585486039831158785

 

[SnooperDuper]

Millard stands a full head taller than Smich in the prisoners' box.

https://twitter.com/susanclairmont/status/585488794452893696

Stand up straight MS, you're only 3-5 inches shorter...must be the weight of the world on his shoulders... http://www.huffingtonpost.ca/2013/05/10/tim-bosma-missing-persons_n_3254021.html


Earlier tweets about the appearance of the two:

Millard is in court w/ a moustache and long hair, wearing a grey suit jacket and jeans. #hamont #sc

https://twitter.com/AdamCarterCBC/status/585444506352377856

Smich is here as well, wearing a green polo shirt, clean shaven with close cropped hair. Both are speaking to lawyers in the box. #hamont

https://twitter.com/AdamCarterCBC/status/585444782455070720

Millard looks much different than older photos. Much thinner and with longer hair. #HamOnt

https://twitter.com/AdamCarterCBC/status/585445281447223296

Millard here. Looking thin. Hair to shoulders, moustache. Suit jacket. Smiles at me. Smich here. Hair longer but still short. Golf shirt.

https://twitter.com/susanclairmont/status/585444745767419904

Smich and Millard sitting at opposite ends of prisoners' box. Smich actually looks healthier than in past, Millard loo[k]s worse.

https://twitter.com/susanclairmont/status/585445041000288256

 

[SnooperDuper]

Publication ban is now in effect on today's #Bosma court proceedings. Very limited in what I can report.

https://twitter.com/susanclairmont/status/585496580368793602

Just had to delete a bunch of tweets from the Millard/Smich hearing - at the end of the proceedings, the judge put a pub ban on it. #Hamont

https://twitter.com/AdamCarterCBC/status/585500526583873538

 

[redheart]

Thanks for posting all the tweets, Snooper!

 

[Sillybilly]

I have had to remove posts that appear to be in violation of the PB.

The ones about how the accused appeared, clothing or whatnot are okay, but any reporting of the actual legal issues/proceedings/discussions are violations

 

[swedie]

Correction: Millard's lawyer's name is Faisal Mirza. Apologies on that one. #HamOnt #sc

https://twitter.com/AdamCarterCBC/status/585479356530700288

Sheesh, how many law firms has DM got at his beck and call? http://www.mirzakwok.com/about-us/

DM in need of legal aid?? :thinking:

Business Categories
Lawyers and Attorneys in Mississauga, ON
General practice attorney, lawyer
Legal Services, Nsk

http://www.manta.com/ic/mt6rtwd/ca/faisal-mirza-professional-corporation

 

[SnooperDuper]

I have had to remove posts that appear to be in violation of the PB.

The ones about how the accused appeared, clothing or whatnot are okay, but any reporting of the actual legal issues/proceedings/discussions are violations

Thanks for taking care of that...I guess everyone that attended the twitter party is now "privileged"!

 

[swedie]

Looking at the services page, DM picked or was appointed the right lawyer. DM seems to fits into at least half of the services MK offers. :rockon:

Was RP in court today also? He also does legal aid. Maybe we'll see DP go bye bye once this new lawyer is brought up to speed? :dunno: MOO.

http://www.mirzakwok.com/services/

Ravin Pillay
Business Categories
Lawyers and Attorneys in Toronto, ON
General practice attorney, lawyer
Legal Services, Nsk

http://www.manta.com/ic/mtqpyb8/ca/pillay-ravin-barrister-solicitor