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	<title>Criminal Lawyer &#124; Former Crown Prosecutor &#124; Montréal</title>
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	<description>514-397-1751 &#124; andrew@barbacki.com</description>
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		<title>Cab Driver Charged With Using Car As Weapon Granted Bail</title>
		<link>http://www.barbacki.com/offences-2/assault/cab-driver-charged-with-using-car-as-weapon-granted-bail/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=cab-driver-charged-with-using-car-as-weapon-granted-bail</link>
		<comments>http://www.barbacki.com/offences-2/assault/cab-driver-charged-with-using-car-as-weapon-granted-bail/#comments</comments>
		<pubDate>Tue, 08 May 2012 22:27:27 +0000</pubDate>
		<dc:creator>Andrew Barbacki</dc:creator>
				<category><![CDATA[assault]]></category>
		<category><![CDATA[Auto]]></category>
		<category><![CDATA[bail]]></category>
		<category><![CDATA[Cab]]></category>
		<category><![CDATA[careful analysis]]></category>
		<category><![CDATA[Court]]></category>
		<category><![CDATA[criminal lawyers]]></category>
		<category><![CDATA[Draft]]></category>
		<category><![CDATA[fellow passengers]]></category>
		<category><![CDATA[george zimmerman]]></category>
		<category><![CDATA[Granted]]></category>
		<category><![CDATA[martin case]]></category>
		<category><![CDATA[use]]></category>

		<guid isPermaLink="false">http://www.barbacki.com/?p=2848</guid>
		<description><![CDATA[Criminal lawyers at the Montreal courthouse were expressing mixed opinions recently about the likely outcome of the case of Guercy Edmond, the cab driver who ran over an intoxicated and truculent passenger while or shortly after being attacked by the victim and his two fellow passengers. Apparently, after the driver was verbally abused and punched, one of the protagonists climbed on the roof of the car and the driver’s car was also vandalized during the incident, part of which was recorded on a video which was posted on You Tube prior to the court hearing. Mr. Edmond was granted bail on the basis that his action was based on panic after being attacked and was not a premeditated assault but at trial the complex notions of the limits on the use of force in self defence will once again require careful analysis by the court. The essential question will be whether the use of force was justified under the circumstances and whether the amount used was proportionate to the assault which it was used to repel. The notion of how a reasonable person in the circumstances of the accused would have reacted will likely be the key element in the [...]]]></description>
			<content:encoded><![CDATA[<p>Criminal lawyers at the Montreal courthouse were expressing mixed opinions recently about the likely outcome of the case of Guercy Edmond, the cab driver who ran over an intoxicated and truculent passenger while or shortly after being attacked by the victim and his two fellow passengers.</p>
<p>Apparently, after the driver was verbally abused and punched, one of the protagonists climbed on the roof of the car and the driver’s car was also vandalized during the incident, part of which was recorded on a video which was posted on You Tube prior to the court hearing.</p>
<p>Mr. Edmond was granted bail on the basis that his action was based on panic after being attacked and was not a premeditated assault but at trial the complex notions of the limits on the use of force in self defence will once again require careful analysis by the court. The essential question will be whether the use of force was justified under the circumstances and whether the amount used was proportionate to the assault which it was used to repel.</p>
<p>The notion of how a reasonable person in the circumstances of the accused would have reacted will likely be the key element in the outcome of the case. At least some comfort can be taken from the fact that no fatality occurred, unlike the George Zimmerman – Trayvon Martin case which raises similar legal issues.</p>
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		<title>George Zimmerman and Trayvon Martin: Only In America</title>
		<link>http://www.barbacki.com/handguns/george-zimmerman-and-trayvon-martin-only-in-america/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=george-zimmerman-and-trayvon-martin-only-in-america</link>
		<comments>http://www.barbacki.com/handguns/george-zimmerman-and-trayvon-martin-only-in-america/#comments</comments>
		<pubDate>Mon, 23 Apr 2012 20:01:48 +0000</pubDate>
		<dc:creator>Andrew Barbacki</dc:creator>
				<category><![CDATA[handguns]]></category>
		<category><![CDATA[Auto]]></category>
		<category><![CDATA[basis]]></category>
		<category><![CDATA[Draft]]></category>
		<category><![CDATA[enormous publicity]]></category>
		<category><![CDATA[expert]]></category>
		<category><![CDATA[george zimmerman]]></category>
		<category><![CDATA[government law enforcement]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[murder]]></category>
		<category><![CDATA[private security agents]]></category>
		<category><![CDATA[Trayvon]]></category>
		<category><![CDATA[unarmed teenager]]></category>

		<guid isPermaLink="false">http://www.barbacki.com/?p=2843</guid>
		<description><![CDATA[The case of the wannabe cop who shot an unarmed teenager in Florida initially generated enormous publicity due to the allegation of racism as the basis for criminal charges not having been laid against Mr. Zimmerman. Now that he has been arrested for murder the media are awash with expert opinions from criminal lawyers on the likely outcome of the trial. Learned academics and experienced practitioners are expounding their views on the finer points of the law relating to the use of force in self-defence. So far, most of the comment has been on the applicability of the so-called “stand your ground” rule to the various factual scenarios, which might have occurred during the deadly encounter. No one seems to be interested in the obvious question of why Mr. Zimmerman was carrying a loaded handgun in the first place. Regardless of what the jury decides actually happened in the moments leading to the fatal shot being fired one has to wonder whether the confrontation even would have occurred had Zimmerman not been emboldened enough by holding his deadly weapon to disregard the advice of the 911 dispatcher and continue to follow Mr. Martin. In Canada, as in most other so-called [...]]]></description>
			<content:encoded><![CDATA[<p>The case of the wannabe cop who shot an unarmed teenager in Florida initially generated enormous publicity due to the allegation of racism as the basis for criminal charges not having been laid against Mr. Zimmerman. Now that he has been arrested for murder the media are awash with expert opinions from criminal lawyers on the likely outcome of the trial. Learned academics and experienced practitioners are expounding their views on the finer points of the law relating to the use of force in self-defence.</p>
<p>So far, most of the comment has been on the applicability of the so-called “stand your ground” rule to the various factual scenarios, which might have occurred during the deadly encounter. No one seems to be interested in the obvious question of why Mr. Zimmerman was carrying a loaded handgun in the first place. Regardless of what the jury decides actually happened in the moments leading to the fatal shot being fired one has to wonder whether the confrontation even would have occurred had Zimmerman not been emboldened enough by holding his deadly weapon to disregard the advice of the 911 dispatcher and continue to follow Mr. Martin.</p>
<p>In Canada, as in most other so-called civilized countries, the right to carry a handgun is restricted almost exclusively to government law enforcement officers and armoured carrier personnel. Private security agents and private investigators are not permitted to carry handguns nor are private bodyguards.  One can only hope the sad waste of Trayvon Martin’s life leads our neighbours to the South to reflect on their wrong minded infatuation with firearms.</p>
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		<title>The War on Drugs in Boxing and UFC</title>
		<link>http://www.barbacki.com/drugs/the-war-on-drugs-in-boxing-and-ufc/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-war-on-drugs-in-boxing-and-ufc</link>
		<comments>http://www.barbacki.com/drugs/the-war-on-drugs-in-boxing-and-ufc/#comments</comments>
		<pubDate>Mon, 16 Apr 2012 17:14:54 +0000</pubDate>
		<dc:creator>Andrew Barbacki</dc:creator>
				<category><![CDATA[drugs]]></category>
		<category><![CDATA[alistair overeem]]></category>
		<category><![CDATA[Auto]]></category>
		<category><![CDATA[Draft]]></category>
		<category><![CDATA[floyd mayweather]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[lip]]></category>
		<category><![CDATA[mainstream]]></category>
		<category><![CDATA[mainstream sports]]></category>
		<category><![CDATA[manny pacquiao]]></category>
		<category><![CDATA[news]]></category>
		<category><![CDATA[performance enhancing drugs]]></category>
		<category><![CDATA[use]]></category>

		<guid isPermaLink="false">http://www.barbacki.com/?p=2837</guid>
		<description><![CDATA[Previous posts have underscored the futility of using the criminal law to control the use of recreational drugs and recently we have seen how drug use in the world of professional sports can be dealt with effectively without recourse to criminal proceedings. Ironically, it seems the most primitive sports, boxing and mixed martial arts, are dealing with the problem the most effectively whereas the mainstream sports pay lip service to the objective of eliminating the use of performance enhancing drugs while refusing to implement the most obviously effective method of detection: Olympic style frequent random testing. The fact that recently the possibility of a “Fight of the Century” between boxers Manny Pacquiao and Floyd Mayweather has been made contingent on the athletes accepting extensive drug testing has increased public awareness of the existence of effective measures to prevent the use of illegal substances. It was also encouraging to see the reaction of UFC boss Dana White to the news of one of its stars, Alistair Overeem, failing a random test which was carried out just prior to a pre-fight news conference. Mr. White unleashed a tirade of critical comments, which included the words “dummy”, “moron” and “loser”, while making it [...]]]></description>
			<content:encoded><![CDATA[<p>Previous posts have underscored the futility of using the criminal law to control the use of recreational drugs and recently we have seen how drug use in the world of professional sports can be dealt with effectively without recourse to criminal proceedings. Ironically, it seems the most primitive sports, boxing and mixed martial arts, are dealing with the problem the most effectively whereas the  mainstream sports pay lip service to the objective of eliminating the use of performance enhancing drugs while refusing to implement the most obviously effective method of detection: Olympic style frequent random testing.</p>
<p>The fact that recently the possibility of a “Fight of the Century” between boxers Manny Pacquiao and Floyd Mayweather has been made contingent on the athletes accepting extensive drug testing has increased public awareness of the existence of effective measures to prevent the use of illegal substances. It was also encouraging to see the reaction of UFC boss Dana White to the news of one of its stars, Alistair Overeem, failing a random test which was carried out just prior to a pre-fight news conference. Mr. White unleashed a tirade of critical comments, which included the words “dummy”, “moron” and “loser”, while making it clear the lucrative fight would be cancelled unless the result was shown to be incorrect. In these instances, more progress was made toward eliminating the problem of substance abuse than the protracted and unproductive criminal proceedings involving celebrity athletes in other sports.</p>
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		<title>Reporting The Tori Stafford Murder Trial: Catering To Our Morbid Curiosity</title>
		<link>http://www.barbacki.com/offences-2/murder/reporting-the-tori-stafford-murder-trial-catering-to-our-morbid-curiosity/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=reporting-the-tori-stafford-murder-trial-catering-to-our-morbid-curiosity</link>
		<comments>http://www.barbacki.com/offences-2/murder/reporting-the-tori-stafford-murder-trial-catering-to-our-morbid-curiosity/#comments</comments>
		<pubDate>Wed, 21 Mar 2012 02:22:27 +0000</pubDate>
		<dc:creator>Andrew Barbacki</dc:creator>
				<category><![CDATA[murder]]></category>
		<category><![CDATA[Auto]]></category>
		<category><![CDATA[Draft]]></category>
		<category><![CDATA[human psyche]]></category>
		<category><![CDATA[lurid]]></category>
		<category><![CDATA[making every effort]]></category>
		<category><![CDATA[mass]]></category>
		<category><![CDATA[mass readership]]></category>
		<category><![CDATA[morbid curiosity]]></category>
		<category><![CDATA[psyche]]></category>
		<category><![CDATA[Reporting]]></category>
		<category><![CDATA[sex]]></category>
		<category><![CDATA[sick fantasies]]></category>

		<guid isPermaLink="false">http://www.barbacki.com/?p=2825</guid>
		<description><![CDATA[It is sad to see the national media once again devoting their resources to publicizing the gruesome story of a disgusting case of sex murder. One wonders what weakness in the human psyche creates a mass readership for hourly updated coverage of every lurid detail of the sordid case of a young girl abducted on the first day she was to walk home from school alone and then sexually assaulted and murdered by blows from a hammer. This horrible event occurred three years ago and since then countless crimes involving sex and violence &#8211; some detected and prosecuted, many not – have been committed while precious little has been done to identify and address the root causes of these grisly crimes. It is a pity resources are devoted to pandering to the morbid curiosity of the masses rather than making every effort to prevent future occurrences. One wonder’s how many publishers are aware of the body of scientific research which tends to show that such reporting can incite those with sick fantasies to act them out by victimizing other innocent children.]]></description>
			<content:encoded><![CDATA[<p>It is sad to see the national media once again devoting their resources to publicizing the gruesome story of a disgusting case of sex murder. One wonders what weakness in the human psyche creates a mass readership for hourly updated coverage of every lurid detail of the sordid case of a young girl abducted on the first day she was to walk home from school alone and then sexually assaulted and murdered by blows from a hammer. This horrible event occurred three years ago and since then countless crimes involving sex and violence &#8211; some detected and prosecuted, many not – have been committed while precious little has been done to identify and address the root causes of these grisly crimes. It is a pity resources are devoted to pandering to the morbid curiosity of the masses rather than making every effort to prevent future occurrences. One wonder’s how many publishers are aware of the body of scientific research which tends to show that such reporting can incite those with sick fantasies to act them out by victimizing other innocent children.</p>
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		<title>Police and Their Informers</title>
		<link>http://www.barbacki.com/informants/police-and-their-informers/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=police-and-their-informers</link>
		<comments>http://www.barbacki.com/informants/police-and-their-informers/#comments</comments>
		<pubDate>Mon, 23 Jan 2012 22:44:46 +0000</pubDate>
		<dc:creator>Andrew Barbacki</dc:creator>
				<category><![CDATA[informants]]></category>
		<category><![CDATA[community]]></category>
		<category><![CDATA[confidential informant]]></category>
		<category><![CDATA[criminal defendant]]></category>
		<category><![CDATA[criminal justice community]]></category>
		<category><![CDATA[criminal underworld]]></category>
		<category><![CDATA[evidence]]></category>
		<category><![CDATA[exception]]></category>
		<category><![CDATA[information]]></category>
		<category><![CDATA[justice]]></category>
		<category><![CDATA[rare instances]]></category>

		<guid isPermaLink="false">http://www.barbacki.com/?p=2786</guid>
		<description><![CDATA[News of the arrest of a retired Montreal police officer for offering information identifying confidential informers to organized crime figures caused quite a stir in the law enforcement community as well as in the Montreal criminal underworld. This is understandable given the importance of inside information to the success of criminal investigations and the crucial need to keep the sources of such information confidential in order for them to survive in their criminal milieu. Criminal lawyers are obliged to respect the strong privilege the courts attach to the identity of confidential informers. Thus, as an exception to the constitutional right of a criminal defendant to receive full disclosure of the prosecution’s evidence, any information even tending to identify a confidential informant is withheld from the defence. Only in the rare instance where it is shown the informer might actually have been present during the commission of the alleged offence and could therefore have evidence potentially exonerating the defendant &#8211; the so called “innocence at stake exception” – can the prosecution be obliged to reveal their identity. In these rare instances the state invariably drops the case rather than jeopardize the safety of the informer. News of the apparent suicide of [...]]]></description>
			<content:encoded><![CDATA[<p>News of the arrest of a retired Montreal police officer for offering information identifying confidential informers to organized crime figures caused quite a stir in the law enforcement community as well as in the Montreal criminal underworld. </p>
<p>This is understandable given the importance of inside information to the success of criminal investigations and the crucial need to keep the sources of such information confidential in order for them to survive in their criminal milieu.</p>
<p>Criminal lawyers are obliged to respect the strong privilege the courts attach to the identity of confidential informers. Thus, as an exception to the constitutional right of a criminal defendant to receive full disclosure of the prosecution’s evidence, any information even tending to identify a confidential informant is withheld from the defence. Only in the rare instance where it is shown the informer might actually have been present during the commission of the alleged offence and could therefore have evidence potentially exonerating the defendant &#8211; the so called “innocence at stake exception” – can the prosecution be obliged to reveal their identity. In these rare instances the state invariably drops the case rather than jeopardize the safety of the informer.</p>
<p>News of the apparent suicide of the allegedly corrupt former officer wasn’t surprising to members of the criminal justice community given the animosity his treachery undoubtedly aroused in diverse factions of the criminal justice community.</p>
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