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I hope the judge refuses the plea deal.
Police Officers doing good things
- Thread starter dapaterson
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The judge could conceivably issue a different sentence.
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Different sentence or replace the manslaughter plea?
I’m not actually sure. I’ll defer to one of army.ca’s in house counsel, so you can be told “it depends” by someone qualified.
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There are narrow parameters where a judge will reject a joint submission on sentencing. And when they do so it's pretty much guaranteed that it will be appealed.
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This might be the case…
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In this particular case, the Crown can withdraw from plea negotiations and request a full trial. A judge can take that into consideration at sentencing after a trial. If there’s an actual conviction.
A judge who interferes with that probably shouldn’t be a judge.
The Crown will have to consider how much time will pass before trial and whether Jordan then becomes an issue.
We definitely need to tune up the processes and outcomes in the system.
A judge who interferes with that probably shouldn’t be a judge.
The Crown will have to consider how much time will pass before trial and whether Jordan then becomes an issue.
We definitely need to tune up the processes and outcomes in the system.
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The problem is that the appeal court may order the deal be honoured, and even if the appeal court is divided, neither crown nor defense will appeal to the SCC, as it would make them look bad to have the SCC agree with the trial judge that their deal brought the administration of justice into disrepute.
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If only we had a Parliament and Legislatures to make rules about these things and fine tune them along the way to ensure that justice is done and seen to be done. But again, justice is the dark side of the law right now.
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Judge accepts controversial plea deal in child homicide case protested by Edmonton police, but 8-year deal not on table
An Alberta judge has accepted a manslaughter plea in a child abuse case that prompted an unprecedented public protest from Edmonton police.
edmontonjournal.com
The deal is manslaughter.
They are going to blame the police.
The accused is FN, and has 3 biological children.
It’s unlikely she will received the appropriate punishment, or perhaps not receive any meaningful punishment at all.
OldSolduer
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that would or should be the outcome BUT I do believe the law says the judge has to go along with the deal UNLESS there are reasons not to.
One of them might be - I forget the wording - bringing the justice system into disrepute. I am sure FJAG can steer us on this issue.
I am not holding my breath as the SCOC seems to err on the side of murderers.
OldSolduer
Army.ca Relic
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No doubt the Gladue report that all indigenous offenders by law receive stated "abused as a child, colonization, inter generational trauma, drugs and alcohol etc etc" played a part in this.Judge accepts controversial plea deal in child homicide case protested by Edmonton police, but 8-year deal not on table
An Alberta judge has accepted a manslaughter plea in a child abuse case that prompted an unprecedented public protest from Edmonton police.
The deal is manslaughter.
They are going to blame the police.
The accused is FN, and has 3 biological children.
It’s unlikely she will received the appropriate punishment, or perhaps not receive any meaningful punishment at all.
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What we're missing is the Crown's assessment of 'reasonable prospect of conviction', which is within its wheelhouse. There might be a bevy of witnesses and evidence, but if the Crown assessed that they would not stand up to scrutiny or challenge, or if there were obvious avenues of defence that you could drive a truck through, perhaps they determined that Manslaughter was the best they could reasonably get, considering they leapt right over 2nd degree.
I understand the police frustration. Expecting a 'vigourous advocate for the rule of law' is not unwarranted. Maybe better communication between the Crown and case investigators (and case investigators with their command staff) was lacking.
I find the complaints from the defence association admonishing the police to be a bit laughable. It seems they have no problem publicly stepping out of their lane when it suits them.
I understand the police frustration. Expecting a 'vigourous advocate for the rule of law' is not unwarranted. Maybe better communication between the Crown and case investigators (and case investigators with their command staff) was lacking.
I find the complaints from the defence association admonishing the police to be a bit laughable. It seems they have no problem publicly stepping out of their lane when it suits them.
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Well let’s see what they work out for the sentencing hearing.
Public expectations have been set.
Public expectations have been set.
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Another instance of residential schools and colonialism being responsible for children in 2025 being tortured and abused, no doubt.
daftandbarmy
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I have been in the position of losing our child's favourite stuffed rabbit (aka 'Bunny') and order in the universe was not restored until the escapee was discovered jammed down between the seats of the car.
This is therefore heroic stuff...
Police Find Lost Plushie
“When my kids lose their stuffie, panic mode sets in until we find it,” he told Cowboy State Daily. “I wanted to see if we could bring that dog back to its owner. He’s had it for a long time and can still enjoy it.”
Arriving at the rest stop, it took a few minutes of poking around before Christen and his partner saw something spud-brown sitting in the foliage. Arriving to find a stuffed animal, they figured it had to be Dog. It was.
www.goodnewsnetwork.org
This is therefore heroic stuff...
Police Find Lost Plushie
“When my kids lose their stuffie, panic mode sets in until we find it,” he told Cowboy State Daily. “I wanted to see if we could bring that dog back to its owner. He’s had it for a long time and can still enjoy it.”
Arriving at the rest stop, it took a few minutes of poking around before Christen and his partner saw something spud-brown sitting in the foliage. Arriving to find a stuffed animal, they figured it had to be Dog. It was.
Police Find Lost Plushie While Teaching Boy a Valuable Lesson: 'There are great people in this world'
In a sweet story reminiscent of the Velveteen Rabbit, a young boy's favorite stuffed animal is sleeping soundly again in the arms of his owner
www.goodnewsnetwork.org
daftandbarmy
Army.ca Fossil
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daftandbarmy
Army.ca Fossil
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My take:
I think the Crown has an ethical duty to not pursue a charge where there's no reasonable chance of conviction. If in this case, the analysis led to the determination that on balance a conviction for murder was significantly less likely than for manslaughter, then I think they made the right decision. We can argue the role of special circumstances regarding the accused all day, but those are the considerations previous courts have put in place, so again, in this instance, I think the decision was the right one.
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