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 Judges 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 remards, 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 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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The Scratch and Lose Caper

Written by Harold McNeill on March 12th, 2017. Posted in Police Notebook, Tim Hortons Morning Posts


lottery-tickets_0

How to scratch open a jail cell.

At 2:00 am Sunday, or at that time any other day of the week, Greater Victoria was known as the land of “Newlyweds, Nearly Deads.” As traffic thinned during those early morning hours, the hum of the tires on a car traveling at high speed could be heard for miles. On this morning, the hum was that of an early 1960’s Oldsmobile, a machine having witnessed better days, as it sped East along Pandora, then onto Oak Bay Avenue.

The four young men inside were still hooting and hollering after partying late in one of the downtown clubs. They were now heading home to Gordon Head but having missed the Fort Street cut-off that would have taken them to Foul Bay Road then north, continued East along Oak Bay Ave. All had been drinking heavily and had no particular purpose in mind other than getting home to continue the party.IMG_0975

As they approached Foul Bay Road someone hollered: “Hey man, ya gotta turn here!” However, speed and distance would soon become limiting factors given the tank in which they were riding. The driver, his sense dulled by alcohol, braked heavily then cranked the wheel hard left. As momentum and weight took over, the tires broke away in a wide yaw that led first to the sidewalk, then to West wall of Frost’s corner store.

Photo (web) A 1960’s style Oldsmobile, 4-door.

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Expedia CruiseShipCenters, Sidney

Written by Harold McNeill on January 8th, 2018. Posted in Tim Hortons Morning Posts, Travelogue


P1020351

 Annual Awards Night Photos
Expedia CruiseshipCenters, Sidney
Saturday, January 6, 2018

A fun time for everyone at the McTavish Academy when Elaine Kirwin, owner/manager of the Sidney based agency, hosted her Annual Expedia CruiseshipCenters Awards Event. With Bronze, Gold, Silver, Platinum, Ruby and Diamond awards being handed out, there was plenty of buzz about the successes of 2017 and what’s in store for 2018. With two men now counted among the crew of twenty-five, it seems the reverse glass ceiling was finally breached.

Elaine (photo right) has much to be proud of, as over the last two decades she has built a skilledP1020347 team of Travel Professionals, and this has led to the agency receiving several Provincial and National Awards for Service Excellence and Achievement.

The awards include two National Awards, as well as being #1 in Western Canada for Uniworld Boutique River Cruises; and in the Top 3 in Western Canada, for the past five years, with Premier Ocean Cruises – Holland America and Celebrity;  and Scenic River Cruises. For a small agency, these are noteworthy achievements.

P1020364As part of the festivities, John Lovel (left), a representative with Emerald Cruise Lines, and Elaine handed out several gifts during the fun and games held after dinner. The competition for prizes was stiff with ties broken during the no holds barred, “rock, paper, scissors” playoffs.

Many thanks to Elaine, her daughter Katie and the catering team from the Airport Spitfire Grill for tasty appetizers, meal, fine wines, and cold beer.

A photo album of the evening’s events is linked here: Awards Night

Cheers,

Harold

Notes:   I didn’t manage to get a photo of everyone with their award. If you have a photo(s) you like me to add, please send by email to: lowerislandsoccer@shaw.ca or pass along to Lynn.  H.

You may link into other travel background stories posted by Harold and Lynn on our McNeill Life Stories Facebook Page.   The photo albums will usually provide a link to the background story.   H.

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Lynn McNeill’s Sixty-Fifth Birthday Bash

Written by Harold McNeill on May 21st, 2017. Posted in Tim Hortons Morning Posts


McTavish Academy Birthday Party

May 19, 2017: Party goers celebrate after spending an hour in the Art Room at the McTavish Academy after completing a group art session with Harry Fowler, the Director of Art.

A rocking good time was had at Lynn’s 65th held at the McTavish Academy of Art on McTavish Road in North Saanich. While Lynn probably expected a little something for the special day, an earlier lunch at the Prairie Inn with a half dozen former police buddies and their wives, likely threw her off a tad. To complicate things for Lynn, the Academy event everyone wore a New Orleans style as part of the evening’s festivities.

It was an evening theme party with a twist as we kicked things off with a Yoga session led by Kinetic Kaeli Rose,  (photo right) Director of Yoga and Mindfulness at theKaeli Rose Academy as it’s always good for the old timers to work out a few kinks before heading into the hard work. (Photo Left)

Following Yoga and a quick drink (water of course), we were led to the Art Studio (above photo) where resident artist extraordinaire, Harry Fowler, led the group through an oil painting session during which everyone rotated around the table as they worked on each canvas.  Some very fine works of art were created in the one hour period we were allowed by Harry.

After returning to the main Gallery and again topping off our drinks, our inspirational D.J. Lucas J Copplestone, really got things rolling with a selection 60’s, 70’s and 80’s music to which Lynn, her sister Deborah Davis and Gail Austin, set some new standards in interpretive dance. Alysha Yakimishyn and Rachel Penny continued by leading a line dance to Country and Western hit, “She Thinks my Tractor’s Sexy.” (which Lucas kindly dedicated to Harold).

In order to further heat things up, Alan R Copplestone (A Ringo Starr style drummer) and David Halliwell (also a talented young man) kicked off with the Beatles tune, “When I’m Sixty-Four”  (words in the footer) that was re-written by David as Sixty-Five along with several other revisions.

A Flash Mob group made up of Alysha Yakimishyn, Sean McNeill, Lucas J Copplestone, Rachel Penny, Emma Tarbush, Deborah Davis, and Harold McNeill, then joined in. The entire group then joined in and continued with Mustang Sally and a few other classics to let the neighbours know we meant business.

David then sang a touching Irish solo (he had written some years back), “Never Hurry” to the birthday girl. This was followed by Lynn’s niece, Emma, singing and playing the folk song, Motherland, by Natalie Merchant. During the song, Lexi, the little dear, insisted on becoming part of the performance.

Before heading back to the dance floor, Sean McNeill and Bjorn and Linda Simonsen) managed to light all 65 candles on the cake then present it to Lynn without setting off the Academy’s fire alarms. The group then rocked away another hour or so before all heading off to bed before the bewitching hour.

Thank you to everyone who helped to ring in a new era for Lynn. I didn’t manage to catch photos of everyone, but I know others were taking photos and videos that will be linked or added later.

For those who didn’t catch the words to “When I’m 64”, here is the Lynn McNeill Birthday Party version:

VERSE I (Begin)

When I get older losing my hair, Many years from now? Will you still be sending me a Valentine,
Birthday greetings bottle of wine
If I’d been out till quarter to three, would you still let me drive? Will you still need me, will you still feed me,
When I’m sixty-five.

Chorus
ahhhHm ahhHm…..

VERSE 2

I could be handy, mending a fuse, When your lights have gone
You can knit a sweater by the fireside
Sunday mornings go for a ride,
Doing the garden, digging the weeds,
Sweeping up the drive
Will you still need me, will you still feed me? When I’m sixty-five

2nd Chorus

Every summer we can rent a cottage,
In the Isle of Wight, if it’s not too dear. We shall scrimp and save. Ah, Grandchildren on your knee, Grayson, Audrey and yet to be

Aaahummm…a few times then verse three

VERSE 3

Send me a postcard, drop me a line, Stating point of view. Indicate precisely what you mean to say. Yours sincerely, wasting away
Give me your answer, fill in a form, Tell me you’ll be mine. Will you still need me, will you still feed me? When I’m sixty-five

Does that not sound exactly like Lynn we have all come to love?

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Sewage Treatment: Fiction and Fact

Written by Harold McNeill on March 19th, 2017. Posted in Tim Hortons Morning Posts


Capital Regional District

Collage (L to R): (T) From various web sources. Langford, Sidney, Victoria, Saanich, Highlands,
(C) Esquimalt, (Malahat), (CRD) Oak Bay, Metchosin,
(B) Colwood, Sooke, North Saanich, Central Saanich, View Royal

The reason for linking the following comments to the issues swirling around amalgamation is that dealing with sewage treatment is frequently pointed to as being one more reason amalgamation would save us from all manner of problem. Of course, that is not true, but there is no dissuading those who think amalgamation is the answer to every problem.  Previous posts on the topic of amalgamation are provided in the footer.    (This post opened to public on March 25, 2017).

March 16, 2017: The following comments were posted by Mr. Gilbert on an open Facebook page that deals with Local Government Issues in the Capital Regional District of Southern Vancouver Island. Link to the Original Post and Comments   Thanks Bryan for taking the time to provide further insight on this topic.

Bryan Gilbert:

Recently I listened to some friends talking about sewage treatment and I felt very sad to hear how uninformed they were. I don’t blame them because the media has been very one-sided on this issue. Here are ten common misunderstandings about sewage treatment with facts that are verifiable. If you can’t find the source then ask. I offer the following to inform and encourage people to check the back story before believing what we have been told:

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Understanding Trump: An Historical Perspective

Written by Harold McNeill on February 10th, 2017. Posted in Tim Hortons Morning Posts


Obama and Trump

NetFlix Documentary Review: The Untold History of the United States

As with many, I am (or a least was) perplexed by how the United States managed to elect a President that, in almost every way, is the polar opposite of his predecessor, Barack Obama. After reading dozens of news articles linked by various FB friends, as well as having rooted out others from various sources, I was no further ahead. Heck, no one came close to understanding how the man managed to become President.

Almost all sought to explain the troubling aspects of Donald Trump’s ascent to power, in terms of his personality and the cult surrounding him. Of course, the same explanations, from the flip side of the coin, could be applied to Barack Obama. However, none of the explanations took into account the historical aspects of America’s ascent to world domination, both militarily and economically, over the middle part of the last century (1940 – 1960). It was a time when politics flowed out much as it has over the past two decades, with the Obama Presidency being the most peaceful interlude in decades of US hegemony.

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Our Schools are Failing Us

Written by Harold McNeill on February 9th, 2017. Posted in Tim Hortons Morning Posts


CL-Cover-for-III

Photos (family files as well as from a High School buddy, Guy Venne). Yes, that’s me in the lower right (left) with another buddy, Aaron Pinsky.  Aaron’s dad’s Caddy, in which we spend many a lost night, and on the right one of our girlfriends, Dorothy Hartman. The photo centre top is three more High School buddies performing at one of the school 50’s dances that became so popular.

Are Schools Really Failing?

Never a week goes without some FB post, newspaper article or TV program lamenting the abysmal state of our education system. These discussions often spike when teachers threaten to strike, or a ‘think tank’ such as the Fraser Institute disparages public schools when comparing them to their private school counterparts, or when the government implements some policy mandating an action that is not pleasing to all.

Others rail about a lack of discipline among students or point to cell phones and texting as destroying the ability of our youth to socialize. Many suggest kids today are mollycoddled to the point of graduating without having achieved the slightest degree of competency in “reading, writing, and arithmetic.” If only, they suggest, we could get back to basics as was present in an earlier age (presumably their age).

Then, I happened upon an English Literature textbook written in 1974, in which one essay clearly articulated the criticisms being levied against students and the system “back in the day”. Some may recognize the problems as first witnessed in our misspent youth at the Cold Lake High School. The article was first published in the early 1950’s, a time when I was just entering Junior High.

(The essay was copied from the book as an online link could not be located).

Cheers,

Harold

Let’s Take Bubble Gum Out of the Schools

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Canada: Myths about Immigration

Written by Harold McNeill on July 23rd, 2017. Posted in Tim Hortons Morning Posts


Immigration Chart 4

Chart (2011): Statistics Canada tends to
Perpetuate Myths about Immigration

One of the many strengths of Canada is in the diversity of its ethnocultural mix and the fact a majority of Canadians take pride in that mix.  Because we have never expanded our economy much beyond being the “drawers of water and hewers of wood” (1) and because our birth rate of the past fifty years has steadily decreased (more below), Canada still needs a steady intake of immigrants and foreign workers to help keep our country moving forward.

This gives rise to the question of why Statistics Canada plays games with the immigration numbers and how much influence do governments of the day have in shaping graphs, reports, and summaries towards political ends? The above chart is but one of many examples suggesting the influence is strong.

Perhaps the canceling of the Census Long Form in 2010, an action that gained considerable public attention, was just a smokescreen to cover the deeper manipulation of census numbers and summaries in a manner better suited to ideological purposes of the day. Going back to 2006 brings forth many more changes that skewed the manner in which the number of immigrants was counted.  

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Comments

  • Harold McNeill

    March 19, 2019 |

    Hi Dave. Not that I am aware and I have a fairly comprehensive family tree for the McNeill side of the family. I will pull it up and scan. Cheers, Harold. Great chatting with you and I will give Ben a nudge.

  • Dave Cassels

    March 16, 2019 |

    Were you related to Guy McNeill who owned the Bruin Inn in St. Albert in the late 40’s or early 50’s? Guy was a close friend of my father-in-law who was the first President of the Royal Glenora Club. My phone number is 780 940 1175. Thank you.

  • Harold McNeill

    March 15, 2019 |

    So glad you found the story and enjoyed. Indeed, they were memorable times. I did a fair amount of searching but never managed to contact any of the Murffit kids. However, it was neat to make contact with the Colony and someone I knew from back in the day. I have enjoyed writing these stories from back in the 1940s and 50s and have made contact with a lot of friends from those early years. I will give you a call over the weekend. Cheers, Harold

  • Yvonne (Couture) Richardson

    March 7, 2019 |

    I enjoyed your story. I too, lived in Pibroch in 1951, as my parents owned the hotel there. I was a very close friend of Bonnie Murfitt at the time. I moved to Edmonton in 1952, however, and have not seen her since. I would like to be in touch with you to talk about your story. My email is listed above and my phone number is 780-475-3873.

  • Laureen Kosch/Patry

    March 5, 2019 |

    I grew up in Pibroch and would not trade those years for anything. “ Kids don’t know how to play anymore” Never was a truer statement made. During the summer we were out the door by 8am, home for lunch, and back when it got dark. For the most part our only toys were our bikes and maybe a baseball mitt. I will never forget the times when all the kids got together in “Finks field” for a game of scrub baseball. Everybody was welcome, kids from 8 to 18. I didn’t know it then but I guess I had a childhood most dream of. Drove thru town last summer. It all looked a lot smaller.

  • Harold McNeill

    January 13, 2019 |

    Well, my dear, it’s that time again. How the years fly by and the little ones grow but try as you may you will have a hard time catching up to your Daddy. Lots of love young lady and may your day be special
    Love, Dad

  • Harold McNeill

    January 5, 2019 |

    Guess what? My response went to the Spam folder. Hmm, do you suppose the system is trying to tell me something?

  • Harold McNeill

    January 5, 2019 |

    Thanks, Terrance. Your comment came through but went to the Spam folder. Have pulled it out and approved. Can you send another on this post to see if you name is now removed from Spam? I’m not sure why it does that. Cheers, Harold

  • Terrance

    January 5, 2019 |

    A VERY COMPREHENSIVE ANALYSIS. ALL POLITICIANS SHOULD READ THIS.

  • Harold McNeill

    December 23, 2018 |

    Thanks Sis. I will be uploading as Hi-Def so the photos can be viewed full screen. Brother