What is up with that!!!!!!

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By Sherry-Lynn Nadasdi on 10 March 2010 - 9:57am

Good Day Greens, I'm writing this morning about Former  MP Jaffery. It is actions like this that really makes people think about really how our Justice System runs!!!! The Most unfortuately thing about our Justice System and this situation with Jaffery is that I myself have been a direct victim of this kind of JUSTICE. And It started when I was a child and carried on till the now because our justice system PROTECTS most of the Jaffery's in our Country. This is FACT!!!!!!!!!!!!   To me this is Very Sad and I beleive that if We the Greens Work together that WE can Make the DIFFERENCE for US THE PEOPLE OF CANADA!!!!!!!!!!!! ACCOUTABILITY, RESPONSIBLE n TRANSPARENT from A GRASS ROOTS POINT OF VEIW!!!!!!!!!

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Differing approach.

Submitted by Dan Grice on 10 March 2010 - 6:38pm.

I understand the frustrations that people express with the justice system, and hate to be defending a Conservative, but this is the justice system that I support.

Our system treats first time non-violent offenders with leniency and it grants a high level of discretion to the prosecution and to the judiciary.  

Unless we want, which we don't, a system where the judiciary is politicized and where jail is the solution to all offences, then we must accept that pleas and second chances are a natural component.

In this case, the more serious charges were dropped and replaced with a lesser offence.  However, neither of the more serious charges warranted jail anyways. DUI, for the first offence is typically a suspended license (he received a 90 day suspended license automatically) and a fine.  

Only 50% of drug possession cases make it to trial in Canada and only 16% of those result in any jail time, and usually with extenuating circumstances.

By all indications, Jaffer's blood alcohol was slightly over the legal limit and it is probable that he could have fought this off as well.  We don't know the exact case surrounding the drugs found, but it was his wife's car he was driving so there was also probably doubt, and we don't even know whether there was a legal reason for searching the car in the first place.  It is very likely that he could have fought off all the charges.

However, that would have meant the evidence would have been released publicly which could have been more damaging to him which is why he likely pled to a lesser charge rather than proceeding to court.  

 

Differing approach.

Submitted by Sherry-Lynn Nadasdi on 10 March 2010 - 11:00pm.

I respect what you have to say about my blog post about jeffery, After I had posted my message I must admit I felt all day that I most likely needed to be more explanitory about my comment. I feel that Jail isn't the answer with certain things, I feel though that when we stand on a Foundation like anti drug and show a major passion for this subject then you are also standing on the Values and Morals of that passion, more plainly Setting a example. In Alberta if you get a DUI its a automatic 1 yr suspension plus a fine plus drunk education and you pay to get your Lisence back. Not to mention the embarressment and Humiliation that one goes threw in those kinds of situations. I hope that helps with my last Blog.  Sherry-Lynn

sherry lynn nadasdi

I believe it is an automatic

Submitted by Dan Grice on 11 March 2010 - 3:17am.

I believe it is an automatic 90 days suspension in both Ontario and Alberta, but if the crown presses charges then up to a year can be added if convicted in both places. 

The automatic suspensions do not require any legal action or the prosecution to actually prove DUI but the one year sentence does.  (If someone was just over 0.08, the prosecution may feel the case wasn't strong enough)

Anyways thanks for starting the blog.  

I was going to jump on here anyways, because I wanted to make sure that we didn't fall into the trap of yelling at the justice system and then watching the Conservatives try and save face by ramming through a law.  

Which, by the way they may well...

Today, they announced legislation to allow random roadside checks by police without cause.  

http://www.nationalpost.com/news/story.html?id=2668391

Dear Dan.......

Submitted by Sherry-Lynn Nadasdi on 11 March 2010 - 10:11am.

Good Morning: I must share with you that here in Alberta it is mantatory 1 yr suspension.  Come check out New Blog.  Sherry-Lynn

sherry lynn nadasdi

Sherry, the one year requires

Submitted by Dan Grice on 11 March 2010 - 1:39pm.

Sherry, the one year requires the driver to be charged with Impaired Driving in court.

The 90 day suspension can be issued by the police without having to file criminal charges if there is reasonable grounds.

Legally the burden of proof is different as one is under criminal law (guilty beyond a reasonable doubt) and the other is through a motor vehicle act (guilty with sufficient cause.. ie breathalyzer or refusal to have a breathalyzer).

 You can't fight the 90 day suspension but you could fight the 1 year suspension.

If a driver pleads guilty right away, they can serve concurrent suspensions.  If they fight the charges, then they could get a 15 month total suspension if convicted so many people will plead guilty right away rather than risk the additional 3 months and the expenses of a court verdict.