Quote:
Originally Posted by Envitro
Our legal system is so ####ed.
You almost kill a guy with an illegal gun and 14 charges in total, but I forget my registration certificate while taking my pistol to the range for practice or competition and I get an automatic 2 years in jail, no bail, no parole... a summary conviction for a paperwork "crime". It doesn't matter that it's registered and that they can look it up in 15 seconds...
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This is exactly why our system is not “so ####ed”. Because the rule of law protects all of us from this type of visceral and irrational (and incorrect) response to terrible events.
The kid charged is called an accused - who is presumed by our system to be innocent. Let me repeat. The person who was ordered released yesterday is currently an innocent person.
Since we do not operate in an Alice in Wonderland system of ‘sentence first, verdict afterwards’ it makes sense that not being denied reasonable bail is a constitutional right. You see there are actually places whose system allows the government to just have armed officers put you in jail by accusing you of something - and that’s all they need do. No evidence no trial just an accusation and your liberty is gone.
I know which of those places I would rather live.
Your assertion that if accused of a firearms licensing offence that you would receive an automatic 2 years in jail with no bail and no parole is, well, completely made up. But I think you know that.
You would also be a presumed innocent person constitutionally entitled to not be denied reasonable bail and if sentenced to jail after being proved guilty then you would be subject to the same corrections legislation as everyone else. Again the rule of law shows up...
And I have quite literally negotiated resolutions with the Crown on firearms charges where they drop criminal charges specifically to prevent the accused from being subject to harsh penalties that do not reflect the true nature of their transgressions. So there’s no reason to think if you made a genuine error that you would not have a genuine opportunity to convince the Crown you deserved a similar break.
Perhaps people will find it helpful to know the judge who released this accused person was a well respected prosecutor before he became a judge? Not that it should matter at all quite frankly - you know the whole rule of law thing again.
Our system is far from perfect and there are many rational debates that can be had about proposed changes that might make it better. Spewing falsehoods does nothing to further such discussions.