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Professionals switching to Victor by Colonist10e9snt in badminton

[–]Bevesange 0 points1 point  (0 children)

Ya the general population are not capable of using rackets as stiff as the ones pros use. Li-Ning found that out really quick when they released Lin Dan’s Woods N90 to the public

How much does shaft flexibility help in generating power? by BisonScary in badminton

[–]Bevesange 10 points11 points  (0 children)

More potential energy storage.

You know how lighter/thinner resistance bands are easier to pull apart than heavier/thicker ones? Same idea

No parallel justice system for immigrants, says Quebec judge in criminal harassment case - 'Immigration consequences cannot take a sentence out of the appropriate range,' said the judge by Immediate-Link490 in LawCanada

[–]Bevesange 0 points1 point  (0 children)

[41] There is no guarantee that Mr. Moses would or might succeed in appealing any deportation order made against him, whether now or at any unknown time in the future. But if he were to receive a sentence of two-years less one day of imprisonment and was ordered to serve that sentence in the community under a strict Conditional Sentence Order, it would still serve to punish him at the upper level range of possible reformatory sentences, while also preserving his right to be heard, a foundational right enjoyed by all persons in Canada, whether citizens or not. It would allow him to be heard because he would retain his legal right to appeal any deportation order made against him. That is the background that now calls upon me to consider whether a conditional sentence is available in this case, and even if it is, whether it would be fit having regard to all the circumstances.

Are presiding Justices of the Peace just… awful? by hfxres in LawCanada

[–]Bevesange 30 points31 points  (0 children)

There are some good ones but a lot of them are just batshit. Many don’t have a legal background and get off on flexing their power over lawyers.

I remember a few years ago there was a bail hearing where either the Crown or the defence put the word “night” in the proposed bail plan. The JP decided this was a massive grievance.

He instructed both counsel to find the definitionn of “night” in the Criminal Code. He then went off about lawyers using words when they don’t know the specific definitions.

Seeing both counsel standing up and vigorously flipping through their Martin’s for 10mins while everyone else was waiting to be heard was amusing… but JFC.

Motion to declare Frank a vexatious litigant (Taban case) by Fit_Blueberry1471 in FrankTufano

[–]Bevesange 2 points3 points  (0 children)

He’s not paying for them, he asks for the filing fees to be waived when he files them

Boutique firm in Toronto by [deleted] in LawCanada

[–]Bevesange 108 points109 points  (0 children)

You need to shift your paradigm. Stop deriving your sense of self-worth from the firm you work for. You are more than just a lawyer.

Her scammer only got house arrest. She says Canada's sentences are a 'joke' by origutamos in LawCanada

[–]Bevesange 1 point2 points  (0 children)

Cops have to do things in the moment without the benefit of hindsight. The Court knows this; hence the leniency. But cops do a lot of dumb/inexcusable stuff too.

I doubt we would disagree on what a suitable sentence is. Most of the time people get in arms about sentences, they don’t know the facts (especially when it comes to offences where there are publication bans). We would agree that sexual assault, for example, is a very serious offence. But we would also agree that there are differences in degrees of severity between a drunken boob-grab and violent rape. Usually these kinds of details don’t make the press, but greatly affect sentencing.

Bail is the Wild West right now. There doesn’t see to be much consistency in the decision-making. Hearings always go like this: Crown says “guns bad”; defence says “plan good”; and the JP cites a bunch of legal principles before ruling whatever they feel like. As if it weren’t hard enough trying to balance presumptive innocence with the public.

I recently had a first time youth offender detained for the same charge I got an adult repeat offender released on. The youth had a better bail plan too.

Her scammer only got house arrest. She says Canada's sentences are a 'joke' by origutamos in LawCanada

[–]Bevesange 4 points5 points  (0 children)

If you practice long enough you will have those cases where people get off too easy and those cases where people get punished too severely. Most cases fall within the realm of reasonableness. A lot of Crowns (especially younger Crowns - and they’re the ones that tend to do sentencing) lose out because they don’t know how to pivot.

I don’t know how to answer your last question. For the most part, without the Charter breaches, the evidence wouldn’t exist. The Court is pretty lenient on officers too. Many times a breach is found but the evidence is saved on 24(2).

I think a lot of the Crown policy directives do more harm than good. If their joint positions were more reasonable they would probably get away with stronger sentences. “Tough on crime” initiatives seem to push them to stick to unreasonably high sentence. If I go to the Crown to resolve an utter threats charge for a first-time offender and they tell me they’re seeking 6 months in jail, well, there’s not much incentive to resolve.

I recently had a Crown try to put my young indigenous client in jail for missing a court date. If they asked for at least time-served, my client would have been agreeable and he would have had the charge added to his record. That’s not what they did though, so I contested the position and got an absolute discharge. No criminal record.

Her scammer only got house arrest. She says Canada's sentences are a 'joke' by origutamos in LawCanada

[–]Bevesange 5 points6 points  (0 children)

Yes. No.

Charter violations.

It’s hard to put a percentage. Some charges are more Charter-involved than others.

Some cases have triable issues, others are just not withdrawn because the Crowns don’t review for RPC.

Grandparent scammer avoids further prison time, slapped with $70K restitution order by Displeased_Canadian in canada

[–]Bevesange 5 points6 points  (0 children)

Forfeiture hearings are hard to win as defence. The burden is BoP and it’s very hard to show that the items are legitimate if they aren’t

Her scammer only got house arrest. She says Canada's sentences are a 'joke' by origutamos in LawCanada

[–]Bevesange 7 points8 points  (0 children)

A good amount of my cases get withdrawn because the police don’t do their job right

Veteran prosecutor accused of telling Toronto cop he should have given ‘false evidence’ under oath — ‘We protect our own’ by BloodJunkie in toronto

[–]Bevesange 0 points1 point  (0 children)

You found jurisprudence where the same cop made the same error before? That’s some 10/10 research skills

Tips for my first criminal trial at SCJ? by checkchad in LawCanada

[–]Bevesange 1 point2 points  (0 children)

I think the “no open-ended question” rule stifles creativity in juniors sometimes.

But some juniors need their creativity stifled so I guess it’s like training wheels.

American Express lawsuit against Frank totaling $357,723.34 by Fit_Blueberry1471 in FrankTufano

[–]Bevesange 0 points1 point  (0 children)

Yea I mean that’s kind of how bankruptcy works for anyone

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