Brazeau Absolute Discharge and Ontario Regulating Police Carding

Trudeau and BrazeauLawyer Michael Mulligan on CFAX 1070 – Legally Speaking with Pamela McCall – discussing the Absolute Discharge of Senator Brazeau as well as Ontario plans to regulate practice of police carding people not suspected of any crime.

In the Brazeau case, having concluded that the woman who accused Senator Brazeau of sexual assault lacked credibility, the Crown accepted a guilty plea to simple assault and possession of cocaine. Following some deliberations, the trial judge accepted a joint submission for an absolute discharge which permitted Senator Brazeau to avoid a criminal conviction. Discussion of the role of the Crown, the test for a discharge and the task of a judge when there is a joint submission are discussed.

In other legal news, the Ontario provincial government has proposed regulations to restrict the practice of police carding. Carding is sometimes referred to as a street check. It involves the police asking people, not suspected of any crime, to produce identification and answer questions. Statistics revealed that black people in Ontario were being carded much more often that white people. The proposed regulations would require police to tell people that they are not obliged to answer questions and that they are free to walk away. Police officers would also be required to file reports if they card people.

The obligation to identify yourself and produce identification to the police in different circumstances is discusses as well as the implications of technological changes on the ability of the police to collect personal information.

Michael Mulligan New head b&wVictoria Lawyer Michael Mulligan on Legally Speaking – live on CFAX 1070 Thursdays at 11:00am.