R. vs. Stanley: Saskatchewan Court of Queens Bench

Written by Harold McNeill on February 18th, 2018. Posted in Editorials, Tim Hortons Morning Posts


Chief Justice

Martel D. Popsecul, Chief Justice
Presiding over the R. vs. Stanley Trial 

The following Charge to the Jury by Chief Justice of the Court of Queen’s Bench for Saskatchewan, the Honourable Martel D. Popescul, is likely the most reliable document yet published providing insight into the R. vs Stanley trial.

(This post outlines my analysis of why I think the Chief Justice led the Jury directly to a finding of not guilty. It was not a directed verdict in the usual sense, but his words had the same effect.)

And, in those words, all 11,000 of them, the Chief Justice attempts to summarize every aspect of the trial as well as the law governing the charges.  It took the Chief Justice just over one and one-half hours to read his document in court with copies then supplied to the Crown and defence as well as to each juror.

In the copy below, those parts which, in my mind, inexorably led the jury to conclude that Gerald Stanley was not guilty on all counts, are highlighted.  There is little doubt the majority of jurors would have found some parts of the summary so complicated as to render them nearly useless in their deliberations.

Having spent thirty years in law enforcement and a further twenty-five reading and writing about various law enforcement issues, I have some degree of understanding of these complex issues, but even at that, I found some sections of the summary tough slogging.

The jury, on the other hand, deliberated a mere fifteen hours before reaching a ‘not guilty’ verdict on all counts.  Fifteen hours is scant time to consider the various pieces of physical and verbal evidence presented over the two-week trial let alone give full consideration to the details provided in the Judge’s Charge to the Jury.

The jury was made up of random citizens selected from the community and while the process was random, many who have experience with law enforcement (police members active and retired, lawyers and judges, as well as a myriad of others involved with the criminal justice system) would have been removed from the jury pool. This is routinely done to remove any suggestion of bias.  Additionally, “pre-emptive” removals can be used to remove others that either the Crown or Defence think may not be impartial. It was by that process Defence Counsel removed all aboriginals from the jury.

As for the those selected, most are unlikely to have had any experience with jury duty and, before selection, will have been exposed to considerable information about the killing which led to the charge. Given the role played by ‘confirmational bias’ in the lead-up to and during the trial, the Judge’s charge seems the best source for an unbiased view of the case. Or was it?

While the Judge read his comments to the jury before handing them a copy, it is hard to rationalize how, in 15 hours of deliberation, the jury could absorb the complicated issues to a degree that would allow them to render an informed decision.  Because jury deliberations are secret, we shall never know exactly how they reached that verdict in such short order.

If you have the time and inclination to read the Judge’s words to the jury, you may or may not come to the same conclusion I have about a clear path being set out for them to render a ‘not-guilty’ verdict on all counts.

In the following copy, I have separated the ‘Charge to the Jury’ into several parts for easy reference and have highlighted some comments in bold (those I consider important) and in yellow, as ‘very important’.  In addition, I have made a few short comments on some numbered sections.

Before presenting the complete text of his remarks, I will submit the thread comments the Honourable Justice, made that I think pushed the jury towards a finding of ‘not guilty’ on all counts.  The fact the jury deliberations took less than two days suggests the Jury had likely made up their minds very early in the process.

Harold McNeill (Det. Sgt. Retired)

Note: Here is a short discussion along with related links regarding the rights and responsibilities of private citizens to use firearms as a means of Protecting Life and Property

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Intervention, the key to fighting crime

Written by Harold McNeill on June 11th, 2017. Posted in Police Notebook, Editorials


 

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This post is created from an interview with RCMP Assistant Commissioner James Malizia (file photo above) as published in the National Post (front page) June 7, 2017. (Link here).

The following National Post article is only modified by replacing the word terror with the word crime.

Making this simple change leads to an entirely different perspective in the article. To my mind, it suggests everything the Assistant Commissioner had to say about terror serves only the interests of the RCMP and other security agencies and not the interests of the general public.  It’s a means to build the budget to build the agency.

As background, in 2015 (the most recent year readily accessible when this article was written) there were over 380,00o violent criminal acts in which 605 people were murdered, with attempts being made to murder a further 774.  Over 200,000 reported aggravated sexual assaults (this does not include other aggravated assaults), with 22,000 reports of robbery and 3,500 reports of abduction.

When these real-life criminal cases, which present a clear and present danger to Canadians, is cast against the almost negligible possibility of a terrorist act, it makes it seem as if the Assistant Commissioner has no concept of how trivial his suggestions are. Why not early intervention (with youth) when it involves the potential of becoming a criminal?

Statistical Source: Canadian Criminal Crime Statistics 2015

Asst/Commissioner Malizia on Early Intervention being the key:

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World at War: Remembering our History

Written by Harold McNeill on November 9th, 2016. Posted in Editorials


earl and edna davis

Edna and Earl Davis (Lynn McNeill’s mother and father) at their Wedding in August 1943.  Earl met Edna while serving in England and they married shortly after. After spending one night together, Earl shipped out for combat in Italy where he spent the rest of his war years fighting in a number of bitterly won battles. The couple were not reunited until after the war when Earl returned to Canada where Edna was waiting after having emigrated with dozens of other war brides.

The World at War: Remembering our History1

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Creating People Friendly Communities

Written by Harold McNeill on September 21st, 2016. Posted in Editorials


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Photo (Web Source): In 2013, this small Alberta town was seriously damaged by a massive flood.
The residents did something unusual in their efforts to rebuild their community and spirit.

NOTE: September 30, 2016   The Sidney Section of this post is being re-written as a result of further information being received.

Harold

Contents

  1. General discussion on building people friendly communities.
  2. Have we mended our ways in how we build communities?
  3. Two new mall models from within Greater Victoria.
  4. How one small Alberta town changed the way they do business.
  5.  Are we capable of holding out for a better form of development?
  6. Sidney by the Sea and North Saanich: (This section is being re-written as a result of new information being received from various parties in Sidney and North Saanich)

Appendix

  1. Topical Links
  2. Two Alberta towns with and amazing amount of unrealized potential
  3. Another thing about malls

1. Moving to the realm of possible: Building people friendly communities

Is it possible to develop or redevelop our communities into people friendly places rather than communities defined by cars, traffic flow, parking lots, malls and nondescript suburbs.? While the development of commercial and residential land is essential for the continued financial health of our cities and towns, it is obvious developers lead the way in both design and scale. With few exceptions, we have completely missed the experience of other parts of the world where creating people friendly cities is a priority.

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Illegal Aliens Intercepted in Sarnia

Written by Harold McNeill on August 23rd, 2016. Posted in Editorials, Tim Hortons Morning Posts


port_huron_float_down-1

Photo (Web Source) In what is expected to become a flood over the coming months, 1500 Illegal aliens from the Michigan were intercepted while attempting to cross the St. Clair River into southern Ontario.  Earlier in the day, the above group posed as party goers in an attempt to evade detection as they crossed the river, however a change in the weather turned their escape plans into a near disaster.

The OPP and Sarnia police as well as the Canadian Coast Guard, Canada Border Service Agency and employees from a nearby chemical company Lanxess helped to pull dozens of exhausted men, women and children from the frigid waters. Some were suffering from the early stages of hypothermia and if rescue personnel had not arrived when they did, many might have died from exposure.

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Keep the Peace and be of Good Behaviour

Written by Harold McNeill on August 18th, 2016. Posted in Editorials, Tim Hortons Morning Posts


rcmp-commissioner

 In another somber moment on Parliament Hill, RCMP Commissioner, Bob Paulson. has encouraged the Federal Government to chart a new direction for law enforcement. As with previous recommendations, Civil Liberties and the Charter of Rights is not of any concern.

Introduction

While it is likely just coincidence, it is reported the FBI has again alerted the RCMP Security Service to a potential terrorist in our midst just at a time when the Federal Government is looking at rolling back parts of Bill C-51.  The last time that happened was also when the Government was considering Bill-C7 and at that time opposition was also heavy. Back then (2013), the FBI alerted the RCMP to another potential terrorist attack and the Via Rail guys were taken down a couple of days after the Boston Bombing. Media around the world covered The Fog of War. Together, the timing of these two events was a little too neat in countries that have so few terrorists and terrorist sympathizers.

While  Bill C-51 is extremely intrusive in its present form, it will become even more so if Commissioner Paulson’s recommendations are accepted. In this post, I have replaced the word “terrorism” with that of “criminalization” as a means of demonstrating how far federal agencies, namely the RCMP, CSIS and the CBSA, is willing to go in order to enhance agency interest over public interest.

If you happen to support Bill C-51, a bill that is related solely to ‘terrorism’ and, perhaps, support even more invasive laws being included, what would you think about the entire content of C-57 (present and proposed) being folded into the Criminal Code?  Do you think that would give police to much power to simply bypass the checks and balances developed over the past 150 years? (check this post on Oversight)

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Oversight of Police and Security Services

Written by Harold McNeill on March 15th, 2015. Posted in Police Notebook, Editorials


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Web Source Photo:  A barn burning in May 1972, was just one event in a series of criminal acts committed by Canada’s Security Service in the decade following enactment of the War Measures Act after the “October Crisis” of 1970.

March 1, 2016 (8200)
October 1, 2017  (8400)

Concerns about Bill C51 and other terror Bills introduced since the “September Crisis” of 2001, follow a pattern similar to that of 1970 when domestic ‘terrorists’ challenged the Governments of Canada and Quebec. During that ‘crisis’ the Federal Government also turned loose Canada’s elite Security Service to act in a manner they saw fit.

So began a campaign of harassment, dirty tricks, illegal arrests, criminal acts and dozens of nefarious deeds that went far beyond the original intent of the law. Many at the highest levels of the RCMP and Government were aware of what was happening, but did nothing to reign in the Security Service. It was a decade of illegal police action that led to a break-up of the RCMP Security Service.

 If anyone thinks our National Security Agencies – CSIS, CBSA and the Federal arm of the RCMP is above such tactics today, they would be wrong. There are plenty of examples since September 2001 and it has taken place because there is a wilful lack of oversight and because laws passed since 2001 including proposed laws such as Bill C51, support what might otherwise be illegal in Criminal Law or, at the very least, violations of personal privacy.  In the United States, because of ongoing controversy, the Patriot Act (passed a week after September 1, 2001) was allowed to lapse on June 1, 2015. Whether it will be renewed or not remains an open question.

(Detective-Sergeant Harold McNeill, Retired)

Note: If you wish to skip the background discussion surrounding police, security services and terror, go straight to section #4 for the summary of events that followed invocation of the War Measures Act in 1970.

Note:  Part 11 is now complete.  Link here to: Conspiracy to Bomb the B.C. Legislature: The Grand Illusion as just one example of what happens when the security service is given free reign to act in a manner they see fit.  That manner often acts more in favour of the Government and Security Service interests rather than in favour of the general good.  As an example, after the judge overturned the jury conviction one of her final statements regarding the RCMP action in the case read: “They were clearly overzealous and acted on the assumption that there were no limits to what was acceptable when investigating terrorism,” the judge stated. “Within their ranks there were warnings given and ignored.”

Link here to Part III: Conspiracy to Rob the BC Ferry Terminal at Swartz Bay:  Part III provides the details of a traditional conspiracy investigated by traditional police agencies without having to resort to the manufacture of evidence in order to build the case.

Part 1

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Guns on the Street

Written by Harold McNeill on January 15th, 2016. Posted in Editorials, Tim Hortons Morning Posts


Kids and Guns USA

January 9, 2016 (Web Source).  Over the past several week’s various media groups have posted video’s or photos of kids in the USA practicing with handguns and various high power weapons. Parents being interviewed made it clear that learning to protect one’s self is important.  Clearly, no bully will chance an encounter with this little girl in the playground.

President Obama’s Executive Order on Guns

This post flows from a FB post made by my nephew, Greg Yochim, showing a video of President Obama at a townhouse meeting on Anderson Cooper’s 360.  Greg also made the following comment “It’s no secret that I like Obama, and as I watched the town hall meeting on AC 360 I tried to imagine Trump in this forum and it just seemed so inconceivable. (Yes, I know what that word means.).”

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Comments

  • Harold McNeill

    April 14, 2020 |

    Hi Rick,
    Great to hear from you and trust all is going well. Our family members are all doing well but it must be pretty tough for a lot of people. I had once heard you were going to do some writing but never heard anything further. I would be most interested, but do you think the OB News have archives back to that time. Any link or information you could provide would be greatly appreciated. Did you keep copies? Regards, Harold

  • Rick Gonder

    April 14, 2020 |

    Hi Harold
    About 22 years ago I spent several weeks going through the OBPD archives. I wrote several stories that were published in the OB News. Feel free to use if they are of value to what you are doing.
    Keep this up, I’m enjoying it and it brings back memories.

  • Harold McNeill

    April 12, 2020 |

    Hi Susan,

    Glad you had a chance to read. I decided to update these stories by proofreading as there were several grammatical errors in many. Hopefully, many of those glaring errors have been removed.

    Many of the stories carry a considerable amount of social comment regarding the way the criminal justice system is selectively applied. Next up involves a young woman from near Cold Lake, Alberta, who was abducted by an older male from Edmonton. Her story is the story of hundreds of young men and woman who have found themselves alone and without help when being prayed upon unscrupulous predators.

    Cheers, Harold

  • Susan

    April 8, 2020 |

    Great read, Harold!…and really not surprising, sad as that may sound.
    Keep the stories coming, it is fascinating to hear them.
    Love from us out here in the “sticks”, and stay safe from this unknown predator called Covid.

  • Harold McNeill

    February 17, 2020 |

    Update:  Times Colonist, February 16, 2020, articles by Louise Dickson, She got her gun back, then she killed herself,” and,  Mounties decision to return gun to PTSD victim haunts her brother. 

    Summary: I don’t know how many read the above articles, but they contained the tragic details about young woman, Krista Carle’, who took her own life after suffering for years with PTSD. While tragedies such as this play out across Canada every week, the reason this story resonates so profoundly is that the final, tragic, conclusion took place here in Victoria. Continued in the article.

  • McNeill Life Stories Index to Police Notebook - McNeill Life Stories

    February 16, 2020 |

    […] Part I, Police solidarity and the push for amalgamation. Part II, Comparing police cultures and implementing change Part III, The past as a guide to the future Part IV The integration of police services […]

  • Harold McNeill

    February 15, 2020 |

    Testing the comments section after changes made. Updated: February 10, 2020

    Further to the update below (February 1, 2020), I note that since the government announced a “No-Fault” insurance plan for BC, Robert Mulligan is taking a slightly different tack, suggesting that no-fault will only increase the problems by taking away the right of an injured party to sue.

    I’ve copied just one sentence from Mulligan’s longer discussion, “And I think people don’t like the idea that somebody who’s, for example, was drunk and ran into you and you become a quadriplegic is going to be treated exactly the same way you would in terms of getting benefits (go to minute 00:15:26 to see his full comment)

    Statements like this appear to be simple fear-mongering. As was the case in the past, people who commit criminal offences, as well as other forms of negligence while driving, may well lose their insurance coverage and in all likelihood would be sued by ICBC to recover costs of the claim. (Link here to Mulligan’s full conversation on CFAX radio)

  • McNeill Life Stories Index to Police Notebook - McNeill Life Stories

    January 5, 2020 |

    […] 28. The past as a guide to the future (Part III): Over the past 60 years, many activities the police once performed as a natural part of their daily duty, eventually became incompatible with achieving their basic goals. What happened? (August 2019) […]

  • McNeill Life Stories Why I stand with science? - McNeill Life Stories

    November 11, 2019 |

    […] During the Ice Age, the Earth’s average temperature was about 12 degrees Fahrenheit colder than it is today. That was enough to keep snow from melting during the summers in northern regions. As snow fell on the snow, glaciers formed. (NASA Earth Observatory) […]

  • McNeill Life Stories How to Game an Election - McNeill Life Stories

    September 18, 2019 |

    […] The Federal Conservatives and Seymour Riding Association complied but one day later those memes will be shared by every third party social media site and by thousands of supporters where the message will be taken as a statements of the fact.  Five years from now those memes will still be circulating. (Link here to background on the SNC Lavalin matter) […]