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Lecture 8

LAWS 3306 Lecture 8: LAWS 3306 Lecture 8

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Department
Law
Course
LAWS 3306
Professor
Paolo Giancaterino
Semester
Winter

Description
Wednesday, March 8, 2017 LAWS 3306 Lecture 8: Minority Groups Introduction • trial should promote fairness for all • African Americans were highly overrepresented in prison and criminal justice system • DP system hasn't solved the minority overrepresentation problem- might even be getting worse Minorities and Due Process • Investigative Stops - minorities are overrepresented in investigative stops and detention - there was a study - Erikson study: • police engage in constant proactive steps as a not so subtle way to remind marginal people of the order of things - the police would misuse there power of something in a way that shows minorities that they are the boss and they can control you - Black people being questioned and targeted by police for being in a unusual situation; being with a white women, driving a nice car, being in a predominantly white neighbourhood etc - 1990s the SCC came out with a decision called Huffski (discussed already check back in notes; charter day) • the SCC went beyond the limitations of stopping people and allowed for ride checkpoints for authorized random stopped for traffic reasons: license, registration, insurance, fitness, and sobriety. - after this case the SCC revisited the issue of random stopping in a case called La Desure- in this case they found that random stopping of motorists was rationally connected to achieve safety on the highway - deserting opinion on this were worried because this was the last straw on police power, being police now could stop anyone just for a “traffic” reasons 1 Wednesday, March 8, 2017 - Mellenthin case (1992) SCC • quick to exclude drugs in a case that were discovered when police misused their powers, they made inquiries of the driver that were not related to highway traffic concerns • in this case someone is stopped using a motor vehicle under the traffic guide and the police move from a traffic stop very quickly to a criminal investigation, question and find drugs, the court found that this was a clear misuse of police powers - the problem is that charter remedy is on available if you are charged with a criminal offence; you have to be charged with a criminal offence in order to get charter relief - other police forces do an investigation if a complaint is made; police investigating police - Known to Police in Toronto; misuse of carding in Toronto • videos on this • Complaints against Police - issue on trying to control police violations of civil liberties by making a complaint - Smith Case • an investigative stop and partial strip search by police of a Jamaican women, she makes a complaint about police behaviour and it takes 8 months for complaint to conclude; 1st hearing is stopped the 2nd is set and stopped because the police argue that one of the adjudicators could not be seen as being unbiased because of the connection to minority rights group, 3rd held and the allegations were not proven by “clear and convincing evidence” which is required • her explanation for being on the street was not accepted by the board - Drumman case • High rise take down • the deputy police chief recommended a public inquiry because the station went on lockdown 2 Wednesday, March 8, 2017 • the complaint was rejected by the board even though the police could not locate the person who claimed she saw a black man get into a similar car with a gun • in the case the police stop him at gun point in his motor vehicle and they do this because there was a complaint by an individual that a black person entered a motor vehicle with a gun • When he makes a complaint they are unable to find the person who said this and it was rejected by the board • Bail - the SCC was slow to appreciate the Implications of due process decisions for minority groups - a lack of good stats to show if minorities were held in pre trial custody - person unemployed were more likely to be held in custody then were allowed on bail - Morallis case • finding by SCC uphold most of the CC bail previsions from charter challenges - Pearson case • drug dealers have a big resources and the courts look at them in a certain way saying that they have any amounts of money at anytime and by keeping them in custody they cannot flight • Jury Selection - courts are reluctant to admit that jurors are selected in a manner where they could be capable of discrimination - there was a case where they challenged because there was no black person in the jury but the court said it would be reverse discrimination - have to be a Canadian citizen so a committee said they should allow none citizens to get more minority groups represented in juries - Parks case • decided that it was essential to allow the accused to ask the jurors if their ability to decide the case fairly would be effected by race 3 Wednesday, March 8, 2017 • dealing with a black male of being accused of murdering a white male in a cocaine deal gone bad, • court took note of discrimination in this case • victims rights approach looked into perspective perceptions • the court of appeal conclude that inquiring about prejudice would eliminate prejudicial jurors and that authorization to ask jurors if they were racist enhanced the fairness in the mind of the accused - After this case some judges believe that Parks should only be allowed in Toronto where the case was cause racism against blacks was only a “Toronto problem” • this was challenged and the court of appeal redefined this decision in Wilson saying that the Parks is applicable anywhere - The application of Parks was also a problem, (the crime funnelling down), only a small number of cases are jury trials; and this case only applied to the jury trials with a black person as the accused; this isn't going to get rid of racism in Canada by just these small number of cases - Was a DP victory in the cases but not in the big sense because it wasn't a big enough impact • Systemic Overrepresentation - In Ontario 3% of the population was Black, and Black people made up 15% of the admissions into institutions - being an overrepresentation - dismissed overrepresentation on increase criminality but discriminatory reinforcement and not social inequality - saying the laws were discriminatory Minorities and Crime Control • Police Shootings - surveys found (1978-1995); you had 16 black males shot by police in Ontario during this time and 10 of them were killed; the policy response was criminal prosecutions which were usually unsuccessful here you have a new political case where cops are claiming charter protection and you have minorities w
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