Episode 10: All About Arrest & Detention

Name says it all . . .  Mindy Caterina and Garrett Jamieson chat about what it means to be arrested (no, you don’t need to be handcuffed to be arrested), what it means to be detained, and what the deal is with police carding.

In this episode, you’ll also learn about what your rights are when police arrest or detain you in Canada . . .

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Episode 7: #meQ – Unpacking the Jian Ghomeshi Trial (Part 1 of 2)

Remember the Jian Ghomeshi trial?  In late 2014, a number of women came forward with allegations of abuse against the CBC radio host.  The CBC fired Ghomeshi, he was charged with criminal offences, and in 2016, he was tried before the Ontario Court of Justice in Toronto.

The Jian Ghomeshi trial involved fame, intrigue, surprise . . . and an infamous teddy bear.  It captivated Canada and galvanized a national conversation about sexual assault in Canada.  Yet when all was said and done, Ghomeshi walked free.

In this two-part series, Mindy Caterina and Garrett Jamieson take a look at how and why the trial unfolded the way it did.  Part 1 covers:

  • Jian Ghomeshi – who he is and who he was when the allegations came out
  • The Timeline – how the Ghomeshi allegations fit in with the timeline of the #metoo movement
  • The Offences – the criminal offences of sexual assault and overcome resistance to choking
  • The Trial – a review of the evidence of the first witness who testified at the Jian Ghomeshi trial

Useful Links:

Global News Timeline of the Jian Ghomeshi Sex Assault Scandal

Late October 2014: 8 women accuse Jian Ghomeshi of abusive behaviour

The Trial Decision: R v Ghomeshi, 2016 ONCJ 155

CBC article “Jian Ghomeshi ruling should be appealed, lawyer says”

(Note: the above CBC article describes a lawyer’s opinion that the trial judge erred in finding that Ghomeshi did not drive a yellow Volkswagen Beetle at the time of his alleged assault of L.R.  However, according to this article, it was an “agreed fact” that Ghomeshi did not lease a Volkswagen Beetle until 7 months after the events L.R. described.  In criminal trials, “agreed facts” are facts that both sides accept as being true and that the trial judge is therefore entitled to rely on.)

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Episode 6: The Handrail’s Tale

Imagine being arrested and fined for not holding an escalator handrail — unfortunately for Bela Kosoian, this happened in Canada!

The Montréal Municipal Court acquitted Kosoian and found that not holding the handrail was not an offence.  Yet, Kosoian’s attempts to sue for her wrongful arrest have been unsuccessful – which is why she is taking her case to the Supreme Court of Canada.

In this episode, learn about:

  • The story of Bela Kosoian, the woman who was arrested in Québec in 2009 for not holding an escalator handrail
  • How and why Bela Kosoian sued for her wrongful arrest
  • Why the Québec Court of Justice and the Québec Court of Appeal ruled that Bela Kosoian was not entitled to damages
  • Damages: the kind of damages being sought by Kosoian
  • Damages: the case of Cameron Ward, the lawyer who sued the City of Vancouver after the police wrongfully arrested and strip-searched him because they thought he might throw a pie at the Prime Minister

**UPDATE**

On November 29, 2019, after this episode was released, the Supreme Court of Canada allowed Bela Kosoian’s appeal.  It ruled that the police officer had no legal justification to arrest Kosoaian and awarded her $20,000 in damages.

Supreme Court of Canada decision (English version)

CTV News article “Why the handrail verdict matters”

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Useful Links:

iHeartRADIO article that includes the pictogram referred to in this episode

Toronto Star article about Bela Kosoian and her case

CTV News coverage about Bela Kosian’s case

 

Episode 5: Criminal Trials (The Nutshell)

What if Garrett was charged with alarming the Queen?  In this *one hitter*, Mindy uses Garrett as an example to explain how a criminal trial works.

Learn about:

  • the difference between criminal trials and civil trials
  • how evidence in trials is entered through witnesses
  • how Garrett could defend his criminal charge
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Episode 4: Rights, Right? (Your Legal Rights in Canada)

Rights, right? In our second full-length episode, Mindy Caterina and Garrett Jamieson break down your legal rights in Canada.  Learn about:

  • Your legal rights under the Charter of Rights and Freedoms
  • The case of James Keegstra — why sometimes, the government can infringe your rights
  • The case of Hussein Nur — why minimum sentences for gun possession were struck down because they infringed the legal rights of Canadians
Click here to find us on iTunes
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Useful links:

R v Keegstra: the case of James Keegstra at the Supreme Court of Canada

R v Nur: the case of Hussein Nur at the Supreme Court of Candaa

R v Nur: the case of Hussein Nur at the Ontario Court of Appeal

The Canadian Charter of Rights and Freedoms

Episode 3: How The Canadian Constitution Works (Basically)

A quick *one hitter* that quickly breaks down how the Canadian Constitution works with the quickest criminal law example (basically).

In this episode, learn about:

  • what legally happened in 1867
  • why and how governments have power
  • what the Queen’s deal is in Canada
  • what changed in 1982
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