Canadian hostage, wife & children freed from Afghanistan, husband arrested for abuse, Oct 2017 #2

Discussion in 'Trials' started by mikkismom, Oct 12, 2017.

  1. Intermezzo

    Intermezzo Well-Known Member

    Messages:
    10,452
    Likes Received:
    844
    Trophy Points:
    113
    https://www.cbc.ca/news/canada/ottawa/joshua-boyle-trial-coleman-lawyer-instruction-1.5112777 APRIL 26, 2019

    Delay of Joshua Boyle's assault trial could be shortened

    The assault trial, which began in late March, is suspended indefinitely while Coleman heads to Ontario Superior Court on May 15 to challenge the ruling allowing Boyle's lawyers to examine her and Boyle's sexual history.

    The law sets out limits on the extent to which an accused person can bring up an alleged victim's sexual history during a trial and legislative changes that took effect in December gave complainants in sexual-assault cases a bigger say in proceedings on allowable evidence.

    Carter said Friday that Coleman had instructed him not to appeal the outcome of the challenge — even if it goes against her — to help ensure the trial gets back on track.

    "We discussed the matter, and while she feels strongly with respect to the issue that's arisen, at the same time we want to ensure that the trial moves forward in an expeditious manner," Carter said.

    Greenspon said that was "potentially good news in terms of putting a cap on the delay."
    • However, he is reserving Boyle's right to appeal the Superior Court decision if it doesn't go his way.
     
    Gunslinging Granny, mikkismom and byo like this.
  2. Intermezzo

    Intermezzo Well-Known Member

    Messages:
    10,452
    Likes Received:
    844
    Trophy Points:
    113
    ‘Very dangerous precedent’: Joshua Boyle will fight his wife’s appeal over assault trial evidence APRIL 26, 2019

    Very dangerous precedent': Joshua Boyle will fight his wife's appeal over assault trial evidence

    Caitlan Coleman is headed to Ontario Superior Court to challenge a ruling allowing Boyle's lawyers to examine her and Boyle's sexual history

    Greenspon said Friday that Boyle would oppose Coleman’s application in Superior Court.

    “There’s a real concern, and I think there ought to be, about this step being taken in the middle of a criminal trial,” Greenspon said after a hearing to discuss next steps. “It would set a very dangerous precedent to allow that kind of application to happen mid-trial and the impact on all other sexual-assault trials across the country would be — I don’t think it’s overstating it to say — disastrous.”

    However, Greenspon welcomed a commitment from Coleman’s lawyer, Ian Carter, that could lead to a relatively speedy resolution of the legal snag.

    Carter said Friday that Coleman had instructed him not to appeal the outcome of the challenge — even if it goes against her — to help ensure the trial gets back on track.

    “We discussed the matter, and while she feels strongly with respect to the issue that’s arisen, at the same time we want to ensure that the trial moves forward in an expeditious manner,” Carter said.

    Greenspon said that was “potentially good news in terms of putting a cap on the delay.”
     
    Gunslinging Granny and byo like this.
  3. Intermezzo

    Intermezzo Well-Known Member

    Messages:
    10,452
    Likes Received:
    844
    Trophy Points:
    113
    A video posted by Christie Blatchford where she gives a recap of the trial and the new laws that lead Caitlin and her lawyer (a 3rd party involved in the trial) to challenge the trial judge's ruling and ultimately suspending the criminal trial.


    Christie Blatchford: Should sex assault complainants have the right to interfere in a trial? UPDATED APRIL 30, 2019

    Christie Blatchford: Should sex assault complainants have the right to interfere in a trial?
    A new law that grants sexual assault complainants formal standing has fundamentally altered the nature of a criminal trial


     
    Gunslinging Granny and byo like this.
  4. Intermezzo

    Intermezzo Well-Known Member

    Messages:
    10,452
    Likes Received:
    844
    Trophy Points:
    113
    I am glad Caitlin is far, far, away from JB
    This article speaks of 3 cases in Canada where the women tried to leave abusive relationships and ended up being murdered

    Victims of domestic abuse face danger when trying to leave: experts UPDATED May 12, 2019

    Victims of domestic abuse face danger when trying to leave: experts
    While some may think breaking off an abusive relationship puts an end to the violence, studies show that’s not the case, said Deepa Mattoo, executive director of the Barbra Schlifer Commemorative Clinic, which provides counselling and legal support for women experiencing violence.

    “A woman, when she decides to leave, she is usually at the highest possibility of fatality and highest possibility of harm, physical harm, coming her way,” Mattoo said. “That’s when … (the abuser) is losing his control, he is possibly the most dangerous at that time.”

    It often takes more than five attempts at ending an abusive relationship before someone leaves for good, said Lise Martin, executive director of Women’s Shelters Canada.

    Aside from their own complicated emotions towards their abuser, people in violent relationships face a number of societal factors and pressures that make it extremely difficult to leave, even if they have the financial means to do so, she said.

    Among other things, they may feel ashamed to admit what’s happening to them, particularly if they believe it would tarnish their family or professional image, she said.
     
  5. Intermezzo

    Intermezzo Well-Known Member

    Messages:
    10,452
    Likes Received:
    844
    Trophy Points:
    113
    The hearing regarding Caitlin's' challenge to sexual history evidence is supposed to be heard today in Ontario Superior Court in Ottawa today at 10am

    UPDATE..Outside groups (Women's Legal Education and Action Fund AND the Criminal Lawyers Association) are applying for legal standing in the hearing

    https://www.cbc.ca/news/politics/joshua-boyle-assault-trial-hostage-rape-shield-1.5136224 MAY 15, 2019

    Outside groups apply to intervene as court examines sexual evidence in Joshua Boyle trial

    As an Ontario Superior Court decides whether a judge erred in allowing evidence about the sexual history of former hostage Joshua Boyle's estranged wife into his assault trial, groups representing women's rights advocates and criminal lawyers are preparing to intervene.

    Karen Segal, staff counsel at LEAF, said the organization will argue the judge blundered in allowing into the trial evidence of the couple's sexual history — evidence that's usually banned under Canada's 'rape shield' laws. Segal said exposing a woman's sexual history during a trial often strengthens the myth that women who have had a certain kind of sexual intercourse in the past have consented to future, similar acts.

    In a legal brief filed ahead of the appeal hearing, the (Criminal Lawyers) association argues that counsel shouldn't be allowed to launch in-trial appeals because it leads to bottlenecks in the legal system.

    "Our system tolerates that unfortunate reality because no system is perfect, and if trials could be called to a halt every time someone disagreed with a judge's ruling, trials would quickly become unmanageable," the association said in its legal filing.

    In addition to the intervening groups, Coleman's lawyer, Boyle's defence team and the Crown will present their own legal arguments at Wednesday's appeal hearing.
     
    Last edited: May 15, 2019
  6. Intermezzo

    Intermezzo Well-Known Member

    Messages:
    10,452
    Likes Received:
    844
    Trophy Points:
    113
    Christie Blatchford: Being questioned on your sexual history is the cost of justice, lawyers say MAY 15, 2019

    Christie Blatchford: Being questioned on your sexual history is the cost of justice, lawyers say
    An unusual and controversial application is to be heard in Ontario Superior Court in Ottawa on Wednesday, regarding Joshua Boyle’s sexual assault trial

    The appeal was made via a certiorari application, which is a so-called “prerogative writ,” an extraordinary remedy for a superior court to quash a decision of a lower court.

    But Howard Krongold and Meaghan McMahon, who represent the CLA, said when Parliament amended the rape shield laws last year it gave complainants a right to appear and make submissions on .276 applications, but only at the hearing.

    “Prior to the recent legislative changes to the Code, no one ever claimed that complainants had the right to seek certiorari of a Section .276 decision, and there is nothing in the new Code provisions that creates such a right…They do not confer a new right of review,” Krongold and McMahon say in their factum.

    “Criminal trials are a contest between the accused and the state, but trial judges nevertheless sometimes make rulings that affect other people,” the CLA lawyers say, pointing out that if the trial had been held in Superior Court, there would be no such right of review.


    “That may seem harsh,” Krongold and McMahon say, “but it is a feature of our system, not a bug. The criminal law disfavours the interruption, fragmentation and delay caused by interlocutory (or temporary) appeals in criminal matters.”

    But Coleman’s lawyer Carter, and lawyers for the Women’s Legal Education and Action Fund, or LEAF, which is also seeking intervener status, argue that Doody made errors of law that compromise Coleman’s integrity and equality rights.

    “No matter how it is dressed up,” Carter says in his factum, “(Boyle’s) argument amounts to this: the complainant is less credible because she may be confusing prior, consensual sex with rape.

    “This kind of reasoning has no place in the courtroom,” he says.

    While the case is obviously significant to Boyle, who remains on restrictive bail conditions during the delay, and Coleman both, the interveners argue it is much more important than these two people.
     
  7. Gunslinging Granny

    Gunslinging Granny Well-Known Member

    Messages:
    2,435
    Likes Received:
    13,103
    Trophy Points:
    113
    When are the Canadian police going to investigate that Joshua Boyle wanted his wife to go on Skellington forums (forums that attract teenagers) to find him sex partners?

    All the computers he's touched since he returned from his want-to-be-a-Taliban trip need to confiscated and examined.
     
    MsJosie, TRB, lucy_lou and 2 others like this.
  8. Intermezzo

    Intermezzo Well-Known Member

    Messages:
    10,452
    Likes Received:
    844
    Trophy Points:
    113
    Lawyer for ex-hostage Boyle cites dangers of mid-trial appeal about evidence May 15, 2019

    Lawyer for ex-hostage Boyle cites dangers of mid-trial appeal about evidence

    Lawyer, Eric Granger is telling a judge today that the challenge by Boyle’s estranged wife Caitlan Coleman, the alleged victim, is resulting in “fragmented proceedings” that might run afoul of strict limits intended to ensure the constitutional right to be tried within a reasonable time.
     
  9. Intermezzo

    Intermezzo Well-Known Member

    Messages:
    10,452
    Likes Received:
    844
    Trophy Points:
    113
    https://www.cbc.ca/news/politics/joshua-boyle-assault-trial-hostage-rape-shield-1.5136224 UPDATED May 15, 2019

    Judge allows women's rights group to challenge use of past sexual history in Joshua Boyle's trial

    Ontario Superior Court Justice Ronald Laliberté granted the Women's Legal Education and Action Fund (LEAF) and the Criminal Lawyers Association legal standing Wednesday morning.

    Following objections this morning by Boyle's defence — and the judge's own expressions of concerns about an outside party critiquing a judicial ruling — LEAF's counsel limited its verbal submission.

    Gillian Hnatiw, LEAF's in-court legal counsel, instead spoke generally about why the Supreme Court has ruled the sexual history of victims cannot be introduced during trials.

    "We are not talking about a witness being momentarily uncomfortable," Hnatiw told the high court Wednesday. "It is an invasion of dignity and self-worth."

    Unlike LEAF, the Criminal Lawyers' Association isn't addressing whether Coleman's sexual history should be introduced.

    In addition to the intervening groups, lawyers for Coleman, the Crown and the defence also spoke this morning.

    Crown lawyer Meaghan Cunningham said that had the defence indicated before the trial began that they intended to speak about Coleman's sexual history, these delays could have been avoided.

    "The situation we are in is largely due to the tactical decision by (Boyle's lawyer)," Cunningham said.
     
    MsJosie, nuff, byo and 1 other person like this.
  10. Gunslinging Granny

    Gunslinging Granny Well-Known Member

    Messages:
    2,435
    Likes Received:
    13,103
    Trophy Points:
    113
    "Ontario Superior Court Justice Ronald Laliberté granted the Women's Legal Education and Action Fund (LEAF) and the Criminal Lawyers Association legal standing Wednesday morning."

    This is an awesome judge!!!! It's also wonderful that the Women's Legal Education Action Fund jumped in to help Caitlan since Josh's attorney didn't indicate before trial that he intended to drag in Caitlan's sexual history.

    The sneaky tactics backfired on Josh! Good!

    Now when will all Josh's and his family's computers be searched to determine if he's still hoping and possibly trying to have sexual contact with teenagers (Skellington forum comment by Caitlan)?
     
    MsJosie, lucy_lou and bears10 like this.
  11. Intermezzo

    Intermezzo Well-Known Member

    Messages:
    10,452
    Likes Received:
    844
    Trophy Points:
    113
    From what I have read, the ruling into yesterdays hearing is expected next month.
    LEAF and Criminal Lawyers Association were granted standing in the challenge along with the Crown Attorney, the Defense and Caitlin with her attorney but nothing else has been reported.

    Again, the defense brings up the timely completion of this trial( as per the Supreme Court ruling of R v Jordan)

    Two years ago the Supreme Court of Canada ( in the case of R. v. Jordan,) ruled that provincial court cases must be concluded within 18 months of a criminal charge being laid.
    Cases stretching beyond that limit are “presumptively unreasonable,” the high court said, and violate an accused person’s constitutional right to be tried within a reasonable time.


    Boyle's lawyer cites dangers of mid-trial appeal about sexual-activity evidence

    A mid-trial appeal about sensitive evidence concerning sexual activity could endanger the timely completion of Joshua Boyle's assault case, a lawyer for the former Afghanistan hostage told a judge Wednesday.

    Granger, the defence lawyer, said the Superior Court review is unnecessary because sufficient safeguards are already built into the process followed by the trial judge

    Carter, Coleman's lawyer, argued Wednesday that Doody's analysis was flawed and that his ruling should be tossed out.

    Granger's co-counsel, Lawrence Greenspon, said the judge conducted a thorough evaluation and considered relevant factors in coming to a ruling that some of Boyle's and Coleman's history can be brought into the trial.

    Howard Krongold, representing the Criminal Lawyers' Association as an intervener, argued Wednesday that the new measures are limited to the trial level and do not open the door to the sort of challenge Coleman is making.

    Gillian Hnatiw, representing another intervenor, the Women's Legal Education and Action Fund, said concerns about potential delays stemming from challenges in sexual-assault cases "are somewhat alarmist" and premature.
     

Share This Page



  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice