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  1. #1
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    Court Appearances and Canadian Legal Terms

    Miranda warning

    Canada[edit]
    In Canada, equivalent rights exist pursuant to the Charter of Rights and Freedoms. Under the Charter, an arrested person has the right:
    To be informed promptly of the reasons therefor.
    To retain and instruct counsel without delay and be informed of that right.
    To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
    The Canadian Charter warning reads (varies by police service): "You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?" (See: R. v. Hebert [1990] 2 S.C.R. 151)
    A more detailed version: "I am arresting you for (charge). It is my duty to inform you that you have the right to retain and instruct counsel without delay. You may call any lawyer you want. There is a 24-hour telephone service available which provides a legal aid duty lawyer who can give you legal advice in private. This advice is given without charge and the lawyer can explain the legal aid plan to you. If you wish to contact a legal aid duty lawyer, I can provide you with a telephone number. Do you understand? Do you want to call a lawyer? You are not obliged to say anything, but anything you do say may be given in evidence." (See: Brydgesa fair and public hearing by an independent and impartial tribunal (s. 11(d)). Section 14 of the Charter further provides that a translator must be made available so that the person can understand the proceedings against them. This right to a translator extends to the deaf.
    While Section 7 of the Charter guarantees the right to remain silent, Canadian law does not entitle the criminal suspect to have counsel present during the course of an interrogation. Once a suspect has asserted their right to counsel, the police are obliged to hold off in attempting to obtain evidence until the suspect has had a reasonable opportunity to contact legal counsel, however suspects do not have the right to have counsel present during the questioning. Also, in Canada even if the suspect emphatically asserts his decision to remain silent, the police may continue to interrogate him. Although this may give the suspect the impression that his claim of the right to silence is meaningless or that he has no such right, it is perfectly legal. In R. v. Singh (163 C.R.R. (2d) 280), the suspect invoked his right to remain silent 18 times and the police nevertheless continued to question him after each assertion of his right, but the Supreme Court of Canada found this consistent with Canada's Charter rights protections.


    https://en.wikipedia.org/wiki/Miranda_warning
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  2. #2
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    A Report on The Bail Process in the Criminal Justice System
    123 PAGES - Honours thesis submitted in partial fulfilment of the requirements for the
    Bachelor of Arts degree,
    Department of Sociology, University of Waterloo
    December 22, 2005

    [I]The Crown Attorney plays a crucial role in the bail process because he/she decides who
    will be released on consent, and who they will try to detain pending trial (e.g., Varma, 2002: 150).
    To assist the Crown Attorney in their bail decision, the police prepare a brief synopsis for the
    Crown that usually includes a summary of the offence, the criminal record, the accused’s
    background, and the police’s recommendation on release. The rules of criminal procedure state
    that the police must supply the Crown Attorney with a fair and balanced report on the accused (R.
    v. V.C.). However, reports suggest that the synopsis may contain negative personal information
    about the accused, such as he/she has a bad attitude, and that these comments may negatively
    influence the Crown Attorney’s bail decision (Kellough & Wortley, 2002: 196).
    If the Crown decides to show cause why an accused should be detained, the case will
    usually be adjourned to another day. But, if the Crown is consenting to release, the Court will, in
    most cases, release the accused on an undertaking, or on a recognizance with terms. However, the
    Crown Attorney may only consent to an accused’s release if there is a surety. A surety is someone
    who agrees to be responsible for a person accused of a crime. The surety promises the Court that
    he/she will assure that the accused will obey all of the conditions of release, and appear for all
    future court appearances.

    Contested bail hearing/Detained: In a contested bail hearing, the Crown Attorney
    attempts to convince the JP that the accused should not be released on bail. On the other hand, the
    defence counsel tries to convince the JP that the accused should be released on bail terms. After
    hearing the evidence, if the JP finds that the Crown showed cause why the accused should not be
    released on bail, the JP will issue a detention order. This means that the accused will be held, in
    custody, until his/her charges are dealt with by the Court (subject to any bail appeal). Contested
    bail hearing/Released: However, if the JP, after hearing all of the evidence at a contested bail
    hearing, finds that the accused is a good candidate for bail, the JP orders the accused’s release on
    bail, usually with certain conditions attached.

    http://arts.uwaterloo.ca/~pjc/pubs/R...sis/thesis.pdf
    Last edited by swedie; 06-15-2013 at 04:46 AM.
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  3. #3
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    May 2013
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    hamilton ont. Canada
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    Excellent homework swedie,

  4. #4
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    Dellen arrested Saturday, May 11, 2013

    May 11, 2013 Tim Bosma search: Police arrest man in Mississauga

    Toronto resident Dellen Millard, 27, was arrested on Cawthra Rd. Saturday morning. He is one of two suspects related to the case.

    <modsnip>


    Police have charged Millard with forcible confinement and theft over $5,000.

    “It is critical that we inform you of this arrest, however it is much more important that we continue to pursue every evidentiary lead,” Kinsella said.

    “Today, the Ontario Provincial Police and Brantford Police Service continue to search Oak Rd. area and citizens continue to check their video from Monday, May 6 between 9:30 and 10:30 p.m.,” Kinsella said.


    Police brief video also at link. Full article at link
    http://www.mississauga.com/news-stor...n-mississauga/
    Last edited by bessie; 06-17-2013 at 08:02 AM. Reason: snipped to comply with 10% copyright rule.
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  5. #5
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    May 13, 2013 Suspect arrested in Bosma case won't talk to cops

    A 27-year-old man accused in the mysterious disappearance of Tim Bosma has so far not co-operated with investigators, but his lawyer maintains he is innocent.

    Deepak Paradkar told reporters Monday his client, Dellen Millard, is "100% not guilty."

    <modsnip>

    But that man was able to add something distinctive - a tattoo of the word "ambition" on one man's wrist.

    Millard has such a tattoo.

    "We are concerned what the evidence is against him, we don't know," Pradkar said, adding his client is exercising his right to remain silent.

    <modsnip>

    Millard is expected to appear in court again at 9:30 a.m. Wednesday for a bail hearing.

    Full article link
    http://www.sunnewsnetwork.ca/sunnews...13-151645.html
    Last edited by bessie; 06-17-2013 at 08:10 AM. Reason: snipped to comply with 10% copyright rule
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  6. #6
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    May 15, 2013 Dellen Millard charged with first-degree murder in Tim Bosma murder

    Dellen Millard was charged with first-degree murder Wednesday
    in the death of Ancaster, Ont. man Tim Bosma. Millard, 27, said little as he heard in court that he is charged with first-degree murder.

    He was ordered detained until a bail hearing can be arranged. He will appear again by video June 13. His lawyer Deepak Paradkar says Millard is innocent and is exercising his right to remain silent.

    <modsnip>

    Millard was arrested Friday and was initially charged with forcible confinement and theft over $5,000. His lawyer has previously said he will dispute the charges.

    <modsnip>
    Full article in link
    http://www.680news.com/2013/05/15/mi...-bosmas-death/
    Last edited by bessie; 06-17-2013 at 08:15 AM. Reason: snipped to comply with 10% copyright rule
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  7. #7
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    Tweets and pictures from court appearance May 15, 2013 #HamOnt#TimBosma

    http://embed.scribblelive.com/Embed/...1&ThemeId=4287
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  8. #8
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    May 15, 2013 More to the Tim Bosma story, Dellen Millard's lawyer says

    The lawyer for a 27-year-old man accused in the deadly abduction of Tim Bosma claims there’s more than meets the eye in the high-profile slaying.

    And despite the evidence against his client, who is now additionally charged with first-degree murder, Dellen Millard maintains his innocence. “He is presumed innocent, we are defending it, we’re going to plead not guilty,”

    Millard appeared calm and emotionless as the first-degree murder charge was read into the court record Wednesday. When asked if he understood conditions of a non-communication order, he spoke clearly, indicating he did.

    <modsnip>

    A pair of publication bans were put in place during the proceedings before Millard was returned to the Barton St. jail to await his next court appearance June 13.


    Full article at link and video
    http://www.torontosun.com/2013/05/15...hamilton-court
    Last edited by bessie; 06-17-2013 at 08:17 AM. Reason: snipped to comply with 10% copyright rule
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  9. #9
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    May 22, 2013[I] On the day of his memorial, police arrest second suspect in the Tim Bosma case

    Hamilton police have made a second arrest in the case of Tim Bosma, a 32-year-old father who was killed after going on a test drive with two men.

    Hamilton Police Superintendent Dan Kinsella says they have arrested 25 year old Mark Smich from Oakville.

    Kinsella says Smich was arrested on Dorval Drive Wednesday morning.

    Smich will be held in custody, and appear in court Thursday, where he will be charged with first degree murder.


    <modsnip>

    http://www.610cktb.com/news/local/story.aspx?ID=1967135
    Last edited by marlywings; 06-17-2013 at 07:44 AM. Reason: only 10% of articles are allowed as per WS rules
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  10. #10
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    May 23, 2013 2nd suspect in Tim Bosma murder case to plead not guilty

    The lawyer for Mark Smich says the Oakville, Ont., resident will plead not guilty to first-degree murder in the death of Tim Bosma, the Hamilton man who disappeared earlier this month after taking two men on a test drive of his truck. "We will be defending the case vigorously," Thomas Dungey said Thursday, after Smich appeared in a Hamilton court to face the murder charge.

    <modsnip>

    Smich, 25, was arrested in Oakville on Wednesday morning, about an hour before the start of a memorial service for Bosma in Hamilton.

    Both Smich and Millard are next expected to appear in court on June 13.

    <modsnip>

    Court records show Smich has several criminal convictions, including possession for the purpose of trafficking in 2006 and impaired driving in 2010. He is also scheduled to appear in court on a charge of mischief next month.

    <modsnip>
    Full article at link and tweet at the bottom of page from court appearance.
    http://www.cbc.ca/hamilton/news/stor...ect-court.html
    Last edited by bessie; 06-17-2013 at 08:19 AM. Reason: snipped to comply with 10% copyright rule
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .


  11. #11
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    June 13, 2013 Millard lawyer warns against 'rush to judgment' in Bosma killing

    The two men charged with the slaying of Hamilton resident Tim Bosma made a brief court appearance Thursday in Hamilton via video link, and their case was remanded until August. Lawyers for Dellen Millard, 27, and Mark Smich, 25, were given more time to prepare their cases. Millard is currently at the Hamilton-Wentworth Detention Centre getting “accustomed to his environment,” said Deepak Paradkar, the Toronto lawyer defending him. “He has to mentally prepare for the long road ahead,” said Paradkar, adding that his client is in protective segregation in his cell for 23.5 hours per day.

    Jennifer Trehearne of Toronto appeared in court representing Smich.

    <modsnip>
    Full article at link
    http://www.cbc.ca/news/canada/toront...ppearance.html

    Info about the fund raiser for SB and daughter
    http://www.cbc.ca/hamilton/news/stor...-copetown.html
    Last edited by bessie; 06-17-2013 at 08:26 AM. Reason: snipped to comply with 10% copyright rule
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  12. #12
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    June 13, 2013 Tim Bosma murder suspects appear in court

    <modsnip> Dellen Millard, 27, and Mark Smich, 25, made separate on-screen appearances from their respective spots of incarceration as their lawyers set a future court date as they to receive disclosure of the Crown’s case against the two men.

    Clad in an orange jumpsuit, Millard appeared tired but calm and collected on the courtroom’s TV screen. “My name is Dellen Millard,” he said when asked to identify himself by Justice of the Peace Joseph Formosi. That is all Millard would say during his appearance, which lasted less than five minutes.

    <modsnip>

    Smich,
    <modsnip> was arrested and charged with murder later in May. Smich’s appearance was the opposite of Millard on Thursday, looking pale and gaunt, his cheeks appearing sunken and his hair cut close to the scalp.

    One of Smich’s lawyers, Jennifer Trehearne, wouldn’t say where Smich was being held, and declined any further comment.

    Full article at link

    http://www.torontosun.com/2013/06/13...ppear-in-court
    Last edited by bessie; 06-17-2013 at 08:24 AM. Reason: snipped to comply with 10% copyright rule
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  13. #13
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    May 23, 2013 Accused Mark Smich appears in court

    [I]The lawyer for 25-year-old Mark Smich of Oakville says Smich will plead not guilty to the first-degree murder of Ancaster’s Tim Bosma. The accused, clad in a brown short-sleeved shirt and black pants and sporting a shaved head and a cut on his face, was escorted to the prisoner’s box where he sat while he heard the court read the charge against him. The Oakville man stood before a courtroom packed largely with media who feverishly wrote down notes as the proceedings unfolded.

    After the court appearance, Smich’s lawyer Thomas Dungey spoke to the media and said his client would plead not guilty to the charge of first-degree murder and that Smich would be vigorously defended in court.

    <modsnip>

    Full article at link
    http://www.insidehalton.com/news-sto...ears-in-court/
    Last edited by marlywings; 06-17-2013 at 07:46 AM. Reason: please post only 10% of article
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  14. #14
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    June 13, 2013 Men charged in Bosma murder have cases put over until August

    Dellen Millard and Mark Smich, both wearing orange prison jumpsuits, said little during their separate video appearances in a Hamilton court where they were remanded into custody until Aug 1. By that date, their lawyers said they hope to receive disclosure from the Crown.

    On Aug. 1, Paradkar hopes to be able to set dates for Millard’s preliminary hearing.

    It’s still unclear if Millard and Smich will be tried together.

    It’s also not yet known if Millard will be applying for bail. Paradkar said that was an option, but the strength of the Crown’s case had to be first assessed.

    “With the way things are going, this speed, we could be in court next June for a preliminary hearing and we could be in trial late fall next year,” he added.

    Police believe Bosma was killed the same night he went missing, though they haven’t yet said if he was killed in the truck, on the farm where his remains were found, or elsewhere.

    As many as 120 investigators worked on the case, executing more than 15 search warrants and production orders and following up on more than 700 tips.

    Full article in link.
    http://www.citynews.ca/2013/06/13/me...-until-august/
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

  15. #15
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    Lawyers and Det. involved in the Tim Bosma case

    TONY LEITCH
    Deputy Crown attorney, Hamilton. He will prosecute the first-degree murder cases against Dellen M and Mark S.

    DEEPAK PARADKAR, 50
    Criminal defence lawyer. The Mississauga lawyer is representing Dellen Millard on charges of first-degree murder, forcible confinement and theft over $5,000.

    THOMAS DUNGEY
    Criminal defence lawyer. The Toronto lawyer is representing Mark Smich on a charge of first-degree murder.

    DETECTIVE SERGEANT MATT KAVANAGH
    Hamilton police homicide detective. He is the major case manager overseeing the entire Tim Bosma case.

    http://metronews.ca/news/hamilton/68...case-in-focus/
    Last edited by swedie; 06-20-2013 at 04:49 AM. Reason: other link did not work.
    Rest in peace Tori, Tim and Jeremy.

    "On May 6th, the devil led the vilest form of evil down my driveway and it smiled at me before it took Tim away." Good always triumphs over evil. Keep the faith, justice will prevail. .

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