Toronto police acted unlawfully in protest arrests
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
The arrest and detention of three anti-racism protestors for splashing pink paint on statues of Egerton Ryerson and John A. Macdonald proves that the police still don’t get it. The whole unseemly incident, from arrest to prolonged detention to police misinformation, is indicative of a broken system of law enforcement that is screaming to be defunded and reformed. Context is important. Egerton Ryerson and John A. Macdonald are historical Canadian figures tainted by racism. That is why the activists engaged in their civil disobedience. Ryerson was an influential force in the crea ..read more
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Mandatory minimum sentences should be recognized as failed sentencing practice
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
In criminal justice policy, mandatory minimum penalties (MMPs) are the hobgoblin of small minds. So, perhaps it should come as no surprise that Erin O’Toole, a serious contender for the leadership of the Conservative Party of Canada, promises to double down on the failed sentencing practice. His justice platform is one that promises more minimum sentencing. At their core, MMPs are unconstitutional. Point blank. Courts across the country and all the way up to the Supreme Court of Canada have found that MMPs violate the Canadian Charter of Rights and Freedoms. But this is no surprise ..read more
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Canada can – and should – facilitate release of the Two Michaels
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
For the past year the Canadian government and Minister of Justice David Lametti have been clear that they don’t have the power to stop the extradition proceedings against Huawei’s chief financial officer Meng Wanzhou. “Canada has an independent judicial system that functions without interference or override by politicians,” Trudeau told reporters during one of his daily press conferences on COVID-19. The Department of Justice told investigative journalist Justin Lingthat "the Minister does not personally make any decisions related to an extradition proceeding until and unless t ..read more
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Racism in Canada is real, despite the deniers
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
The murder of George Floyd by the Minneapolis police has sparked worldwide protests against police violence and racism. As the world watches law enforcement officers brutalize peaceful protesters and target the media, cries to #DefundThePolice and tear down a justice system built on racism have grown in volume and attracted the attention of politicians and others in power. In Canada, some have dismissed the problem of systemic racism. Doug Ford quickly backtracked after he said that Canada doesn't have the same "systemic, deep roots" of racism that the United States does. After expr ..read more
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COVID-19’s profound impact on justice
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
If an innocent person is held in jail and not allowed to set a trial and a guilty person on bail is not allowed to plead guilty, can we really call it a justice system? There is no need to construct a fanciful hypothetical to answer the question. All you need to do is take a trip through the looking glass and into Canada’s COVID courthouses. Following the outbreak of the global COVID-19 pandemic, courtrooms across Canada shut down operations. This was a necessary measure. Our outdated and archaic justice system relied on close physical contact, paper documents, and personal appearance. To con ..read more
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Cuts to Legal Aid Ontario will be obvious post-pandemic
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
It was almost a year ago that Doug Ford pulled the rug out from under Ontario’s legal aid system when he cruelly slashed Legal Aid Ontario's budget by $133 million. The 30-per-cent budget cut was immediate and without warning. Then Ford lied to the public about access to legal aid services, telling Global News Radio that "if anyone needs support on legal aid, feel free to call my office. I will guarantee you that you will have legal aid." None of that was true. Ford did not have the power to guarantee legal aid assistance and he never did help anyone get it. Ford’s legal a ..read more
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The government’s hypocrisy around COVID-19
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
Since the start of the COVID-19 crisis the federal government has said it is concerned about the spread of the virus in Canadian jails and prisons. Speaking to reporters last week, Prime Minister Justin Trudeau highlighted the increased COVID-19 risks inmates face. “We are very concerned about the fact that our correctional institutions could be places … where there could be greater vulnerability to COVID-19.” Trudeau was clear that the government need to do everything they could to keep “everyone safe in this country.” And as early as March 13, the Ontario government said it recogn ..read more
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Spratt: COVID crackdown – Too many rules, too much punishment will jeopardize public support
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
How much freedom are we willing to give up, and for how long? A month ago, it all would have been unthinkable. Government-mandated physical distancing rules. Expanded police powers. Big Brother snitch lines. Blockades at provincial borders. It boggles the mind that fundamental civil rights can so quickly evaporate. It's not all bad news... episode 12 It’s not controversial that we must give up some freedom in the fight against COVID-19. This is the right thing to do for community health and safety. And the public is on side. A recent Ipsos poll found that 95 per ent of Canadians agree that ph ..read more
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How will courts function after COVID-19?
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
It feels like it has been a lifetime, but only a month has passed since Ontario’s courtrooms, in response to the COVID-19 pandemic, closed their doors to most cases. Running on a skeleton crew, the criminal justice system has been treading water, with only urgent bail hearings and guilty pleas proceeding. As it turns out, an archaic court system designed to function with in-person appearance and physical documents is not ideally suited to a pandemic. Frontline justice participants have done an admirable job dealing with the chaos and putting out fires. But the reality is that we are bailing o ..read more
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COVID-19 and the state
Michael Spratt | Criminal Defense Counsel
by Michael Spratt
3y ago
How much freedom are we willing to give up, and for how long? A month ago, it all would have be unthinkable. Government-enforced physical distancing rules. Shelter-in-place orders. Police-enforced blockades at provincial boarders. Government snitch lines. Expanded police powers. It boggles the mind that freedoms and rights can so quickly evaporate. Benjamin Franklin may have said that those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. But he never lived through a global pandemic, and Franklin was talking about tax policy, not hu ..read more
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