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Feb 17 • 4 tweets • 2 min read
1/ I'm going live in a few hours with my new Criminal Defence Essentials podcast. I'll be up at 11 am MT, 1 pm ET (usually 12 pm MT - but I have an appt). You can join me here:
2/ You can also download the podcast version any time starting this afternoon. We're available on many pod catchers - but not yet on Itunes (grrr....). For some reason there is a delay there. But always available on Spotify and here: criminaldefenceessentials.podbean.com
3/ If you want to watch Ep 1, on injunctions and what the podcast is about, it's also available on Youtube:
4/ Today I will discuss: (1) With "protests" ending, how should government approach those who blocked borders and Ottawa; (2) My regular criminal law chat - review: R v Downes, 2022 BCCA 8; (3) Open Season - any questions??? Join us at 11 am MT:

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More from @petersankoff

Peter Sankoff Profile picture
Feb 17
1/ I thought it might be fun to talk about what I, as a criminal law professor, have learned from the "protesters". I will call it "Convoy Law".
2/ Convoy Law 1: "Anyone has the right to protest any way they want in a public space, regardless of other applicable "laws". At the end of the day, protest trumps everything else.
3/ Convoy Law 2: "Freedom is the most important principle in human society, giving everyone the absolute right to do whatever they want (subject to law 3) in the name of freedom."
Read 17 tweets
Peter Sankoff Profile picture
Feb 17
1/ R v Hamilton, 2005 SCC 47: "In short, the actus reus for counselling is the deliberate encouragement or active inducement of the commission of a criminal offence." Image
2/ R v Hamilton, 2005 SCC 47: And the mens rea consists in nothing less than an accompanying intent or conscious disregard of the substantial and unjustified risk inherent in the counselling: that is, it must be shown that the accused either intended... Image
3/ R v Hamilton, 2005 SCC 47: "that the offence counselled be committed, or knowingly counselled the commission of the offence while aware of the unjustified risk that the offence counselled was in fact likely to be committed as a result of the accused’s conduct."
Read 6 tweets
Peter Sankoff Profile picture
Feb 14
1/ More on Windsor: CJ Morawetz is expected to publish the reasons for his decision to grant the injunction this week, but during the hearing Friday, he said the protesters’ right to freedom of expression had to be balanced against everybody else’s right to use the bridge.
2/ I don't want to say too much, because the reasons have not been published. But I don't really understand this either. Let's talk about freedom of expression for a moment.
3/ Protests? Super important. I support them. We need to have a way to voice our dislike of things. It's part of our democratic process. I support giving protesters a lot of room to say what they want. Absolutely.
Read 10 tweets
Peter Sankoff Profile picture
Feb 14
1/ I'm reading this from the Globe and Mail, and I want to yell "fake news". Let's dissect. theglobeandmail.com/canada/article…
2/ "The Ambassador Bridge shutdown highlighted the impact that only a few determined protesters could have on a crossing that carries hundreds of millions of dollars in goods a day." I think it shows the impact of government/police refusing to take action.
3/ The "few determined protesters" were cleared out by a large police presence (probably 3x what was needed). Despite all the public defiance, there was no violent resistance. Big surprise. Try not giving in to their every whim next time.
Read 19 tweets
Peter Sankoff Profile picture
Feb 13
1/ Fictional thread: “Mr. Sankoff, you’ve just been appointed AG Ontario. What’s your first order of business?” “Well, I will stop 720 Bay from taking such crazy positions that the SCC stomps all over them!” [Cue laugh track].
2/ “what about charges for Randy Hillier?” Well, I think they are necessary. He’s made himself the leader of an illegal “protest” that has caused real harm, ignored legal limits and shown contempt for judges and the public alike. He should face the consequences.
3/ “But he’s a member of Provincial Parliament! You can’t do that!” A: Why? He is subject to the law just like anyone else.
Read 9 tweets
Peter Sankoff Profile picture
Feb 13
1/ So all of this falls on the executive. (Don’t @ me @GarethMorley3). What the hell is going on? Well, there would seem to be a few options. None of them good. Let’s figure it out.
2/ Option A. We don’t have the operational capacity to deal with any of this. To me, that’s scary. If we can’t deal with this, how can we deal with a bona fire crisis???
3/ To be clear there would seem to be an operational capacity issue at play here and a fair bit of incompetence especially in Ottawa.
Read 17 tweets

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