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Public Safety committee As defence counsel, I'm not going to let an opportunity to give a little jab to Crown counsel go, right?
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee No, of course not. I should say at the outset that not only do I have the highest respect for the peace officers who I deal with in my professional capacity, sometimes as clients and sometimes as witnesses in cases, but for Crown counsel as well. They're dealing with the tools th
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee Let's just back up a moment so that we're clear on the law. It is a criminal offence to point a firearm at somebody, but there's a comma there: “without lawful excuse”. Now, very often, the responding police officer doesn't want to be the one to make that determination as to whet
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee May I answer that first?
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee Yes. Obviously, I didn't title the motion. I just showed up where I was asked to, which is generally what counsel does. Someone tells us to go somewhere and we go somewhere and speak. I see a difference in the nature of offences and victims in rural Canada. I think they both fac
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee Yes, I'm familiar with it, as familiar as I am with a piece of foreign legislation that doesn't apply in Canada. That comes from both a different constitutional and a different criminal law framework. Nothing that I have proposed has anything to do with the “stand your ground”
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee No, not at all. The question is whether or not the force is reasonable and proportional. It's interesting. Sometimes we don't even talk about a discharge of firearms. It could just be the pointing of a firearm, which is otherwise an offence. It's a crime to point a firearm at s
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee It depends on what type of charge we're talking about. You certainly couldn't have a criminal charge laid against you. I am not a doctor so I don't specialize in professional misconduct, but I know a little about the colleges for both nurses and physicians and their confidentiali
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee I'll speak as a lawyer with my confidentiality obligations. I am protected by the only existing professional solicitor-client privilege—not confidentiality—I am bound by solicitor-client privilege. That privilege is waived in the face of an imminent threat to an identifiable pers
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee Because I'm greedy, I'm going to give you two changes, with the federal government playing a leadership role and influencing the provinces to follow suit. I agree with Dr. Drummond. This is not a political issue. This is a policy effect and a legal issue. In my view, number one
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee Sure. We have to distinguish between somebody being charged with an offence and someone being convicted. In my experience, I've seen many cases where individuals are charged, but then the charge is withdrawn or they're acquitted after a trial. The threshold to lay a charge is
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee I think there are two ways to do it. One is to ensure that front-line officers receive a bare minimum of legal education when it comes to self-defence. Now, we're not expecting police officers.... I've encountered many police officers who are law graduates, who do have law degree
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee There are two separate provisions, and one is for the defence of persons where broader authority is granted. But I've encountered police officers who didn't know that you actually have a right to defend your property. In fact, the Criminal Code sets out a three-part test for when
October 23rd, 2018Committee meeting
Solomon Friedman
Public Safety committee Good afternoon, Mr. Chair, vice-chairs and committee members. Thank you for inviting me to address you today. It's always a pleasure to appear before this committee. Unlike my last appearance, I appear today as an individual in my personal capacity as a criminal defence lawyer.
October 23rd, 2018Committee meeting
Solomon Friedman
Justice committee Knowing that I am not a data scientist, that's just how I—
September 18th, 2018Committee meeting
Solomon Friedman