The Reasons
for Judgment
in Regina v. Duncan
The Dickhead Duncan Defense
Today I was
sent a link to the COURT FILE and the Reasons for Judgment
f or Regina v. Duncan
by Justice Fergus O’Donnell that was just released 26
March,
2013.
It’s not
new news, has nothing to do with Marijuana, but it is fascinating reading
because once again it involves cops
breaking the law and getting away with it,
The normal fate
of the majority of any criminal or misconduct complaints against law
enforcement officers would be dismissal for any number of trivial excuses. If the
initial complaint commission entrusted with cop discipline could not ignore it,
there would be a referral to a bunch of brother cops in another jurisdiction. Even
if they fail to exonerate their brother, the consequences are minimal:
suspension with pay until a plea deal followed by house arrest. That is not
cynicism: that is reality. It’s a two tier justice system: one for cops the
other for us.
This case
is different: At 3 AM the cops confronted a civilian in front of his house and
demanded he provide identification. He had done nothing wrong and refused to do
so. They harassed him, arrested him for no reason, Tasered him, handcuffed him,
processed him, and charged him under the Highways
and Traffic Act with failing to signal to signal a left turn into his
driveway and refusing to identify himself when requested to do so. They
justified the Taser use with an allegation he resisted arrest, by walking away.
They f**ked
up; there is no identification requirement under the Act. Mr. Duncan
attempted to defend himself with a barrage of totally nonsensical evidence via
Google. Judge O’’Donnell was forced to wade through this swamp of information and at the end
his conclusion was that the arrest was illegal and threw the case out. He then
sat down and wrote his reasons for doing so.
What he wrote is not just a legal document; it’s an
exercise in judicial sanity, common sense, sarcasm, humor and disappointment by
a very smart and astute man. It’s well
worth reading just for the imagery and caustic comment. It restores some of the
faith I have lost in our Judiciary.
Anyone who reads it will be impressed but one
point is missing: The cops broke the law because
they were ignorant of what the law was. Ignorance is no excuse, but it
doesn’t apply to cops. They stop an innocent civilian, make unjustified
demands and when he doesn’t submit to their arrogant authority, harass him,
arrest him, Taser him unjustifiably,
handcuff him, and unjustifiably detain him while they prepare their fallacious charges.
The judge shows they broke the law and there is
no consequence under Criminal Law.
The Crown was aware of the details but will do nothing.. To prosecute
the cops they would have to explain their approval of the charges, and to admit
that they were sanctioning an illegal prosecution. It would have resulted in a
normal conviction with serious consequences for Duncan
if it had succeeded. There will be no
prosecution for the crime committed against him.
What really pisses me off is the National Post. This
work is presented as the funny exposure of a fools attempt to defend himself
with a pile of bullshit from the web. They don’t even suggest that the cops
might have been guilty of assault because they are turning the same blind eye
to the illegal arrest and prosecutions of both Doctor’s Kamermans and Saul for
Marijuana fraud.
Enough sour grapes. Read on and enjoy a legal
decision for a change. It’s a rare experience you may never have again in your
lifetime.
Enjoy
Blaine
The Smee Goan Guy
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