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	<title>Criminal Lawyer &#124; Former Crown Prosecutor &#124; Montréal</title>
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	<link>http://www.barbacki.com</link>
	<description>514-397-1751 &#124; andrew@barbacki.com</description>
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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>
]]></content:encoded>
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		<title>Gatti Judgment Hardly Surprising</title>
		<link>http://www.barbacki.com/general/gatti-judgment-hardly-surprising/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=gatti-judgment-hardly-surprising</link>
		<comments>http://www.barbacki.com/general/gatti-judgment-hardly-surprising/#comments</comments>
		<pubDate>Sat, 17 Dec 2011 19:48:38 +0000</pubDate>
		<dc:creator>Andrew Barbacki</dc:creator>
				<category><![CDATA[general]]></category>
		<category><![CDATA[arturo gatti]]></category>
		<category><![CDATA[basis]]></category>
		<category><![CDATA[criminal lawyers]]></category>
		<category><![CDATA[dispute]]></category>
		<category><![CDATA[fathom]]></category>
		<category><![CDATA[invalidate]]></category>
		<category><![CDATA[massive waste]]></category>
		<category><![CDATA[smear campaign]]></category>
		<category><![CDATA[Surprising]]></category>
		<category><![CDATA[waste of money]]></category>

		<guid isPermaLink="false">http://www.barbacki.com/?p=2712</guid>
		<description><![CDATA[To most criminal lawyers the only surprising thing about the dispute over Arturo Gatti&#8217;s estate is probably  the fact it ever got to court in the first place. After all, the contested will was witnessed by a notary who attested to its validity during the trial and no other will was ever produced. It is difficult to fathom how anyone would expect a judge to invalidate a will simply on the basis of a smear campaign against the widowed beneficiary and the claim that another will existed but could not be found. Only pure spite could motivate the massive waste of money involved in such a futile endeavour.]]></description>
			<content:encoded><![CDATA[<p>To most criminal lawyers the only surprising thing about the dispute over Arturo Gatti&#8217;s estate is probably  the fact it ever got to court in the first place. After all, the contested will was witnessed by a notary who attested to its validity during the trial and no other will was ever produced. It is difficult to fathom how anyone would expect a judge to invalidate a will simply on the basis of a smear campaign against the widowed beneficiary and the claim that another will existed but could not be found. Only pure spite could motivate the massive waste of money involved in such a futile endeavour.</p>
]]></content:encoded>
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		<title>Fighting In Hockey</title>
		<link>http://www.barbacki.com/hockey-violence/fighting-in-hockey/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=fighting-in-hockey</link>
		<comments>http://www.barbacki.com/hockey-violence/fighting-in-hockey/#comments</comments>
		<pubDate>Mon, 05 Sep 2011 14:13:50 +0000</pubDate>
		<dc:creator>Andrew Barbacki</dc:creator>
				<category><![CDATA[hockey violence]]></category>
		<category><![CDATA[fighting hockey]]></category>
		<category><![CDATA[prize fights]]></category>

		<guid isPermaLink="false">http://montrealcriminallawyerbarbacki.wordpress.com/?p=605</guid>
		<description><![CDATA[The Criminal Code prohibits prize fights other than those sanctioned and supervised by a government commission. Strict rules are enforced in order to protect those participating in this obviously dangerous &#8220;sport&#8221;. These include mandatory medical examinations and regulations governing gloves and hand wraps. In the NHL and even in junior hockey teams have players whose only role is &#8220;policing&#8221; and &#8220;firing up the team&#8221; by fighting, almost always against their role counterpart on the opposing team. Typically these fights are between &#8220;players&#8221;  well over six feet tall and two hundred pounds who are trained in martial arts and who wear no padding whatsoever on their hands. Obviously these bouts are not sanctioned by any athletic commission. Given the lack of any role on their respective teams apart from fighting it is not much of a stretch to consider hockey enforcers as prize fighters acting in contravention of the Criminal Code. Why not simply send out the police to arrest the participants the next time an illegal hockey prize fight occurs?]]></description>
			<content:encoded><![CDATA[<p>The <em>Criminal Code</em> prohibits prize fights other than those sanctioned and supervised by a government commission. Strict rules are enforced in order to protect those participating in this obviously dangerous &#8220;sport&#8221;. These include mandatory medical examinations and regulations governing gloves and hand wraps.</p>
<p>In the NHL and even in junior hockey teams have players whose only role is &#8220;policing&#8221; and &#8220;firing up the team&#8221; by fighting, almost always against their role counterpart on the opposing team. Typically these fights are between &#8220;players&#8221;  well over six feet tall and two hundred pounds who are trained in martial arts and who wear no padding whatsoever on their hands. Obviously these bouts are not sanctioned by any athletic commission.</p>
<p>Given the lack of any role on their respective teams apart from fighting it is not much of a stretch to consider hockey enforcers as prize fighters acting in contravention of the <em>Criminal Code</em>. Why not simply send out the police to arrest the participants the next time an illegal hockey prize fight occurs?</p>
]]></content:encoded>
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		<title>Lord Conrad Black: Protesting Innocence After Remaining Silent At Trial</title>
		<link>http://www.barbacki.com/offences-2/lord-conrad-black-protesting-innocence-after-remaining-silent-at-trial/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=lord-conrad-black-protesting-innocence-after-remaining-silent-at-trial</link>
		<comments>http://www.barbacki.com/offences-2/lord-conrad-black-protesting-innocence-after-remaining-silent-at-trial/#comments</comments>
		<pubDate>Mon, 27 Jun 2011 03:43:52 +0000</pubDate>
		<dc:creator>Andrew Barbacki</dc:creator>
				<category><![CDATA[fraud]]></category>
		<category><![CDATA[offences]]></category>
		<category><![CDATA[White collar crimes]]></category>
		<category><![CDATA[canadian citizenship]]></category>
		<category><![CDATA[Conrad Black]]></category>
		<category><![CDATA[fateful words]]></category>
		<category><![CDATA[government lawyers]]></category>
		<category><![CDATA[innocent explanation]]></category>

		<guid isPermaLink="false">http://montrealcriminallawyerbarbacki.wordpress.com/?p=602</guid>
		<description><![CDATA[On his way back to prison the convicted felon who gave up his Canadian citizenship to become Lord Black of Crossharbour delivered an eloquent oration proclaiming his innocence and condemning those responsible for his persecution. When the judge uttered the fateful words dooming him to re- incarceration  his loyal and long suffering wife, Lady Black, fainted in anguish. This performance begs the question: Why didn&#8217;t His Lordship and/or Her Ladyship of Crossharbour deign to assert Mr. Black&#8217;s innocence under oath before the jury charged with judging him? Why would a man of his Lordship&#8217;s commanding dignity and eloquence fear cross examination by lowly government lawyers, to the point of standing mute as the court perpetrated the egregious injustice of convicting him of crimes of dishonesty? It would be enlightening to hear this upper class criminal explain why he only chose to proclaim his innocence to the judge when he knew very well it was too late, since she was bound by the jury&#8217;s prior determination of his guilt. Could it be that even in his delusional self righteous state he knew any innocent explanation of his greedy and arrogant actions would be discredited by a few simple questions?]]></description>
			<content:encoded><![CDATA[<p>On his way back to prison the convicted felon who gave up his Canadian citizenship to become Lord Black of Crossharbour delivered an eloquent oration proclaiming his innocence and condemning those responsible for his persecution. When the judge uttered the fateful words dooming him to re- incarceration  his loyal and long suffering wife, Lady Black, fainted in anguish.</p>
<p>This performance begs the question: Why didn&#8217;t His Lordship and/or Her Ladyship of Crossharbour deign to assert Mr. Black&#8217;s innocence under oath before the jury charged with judging him? Why would a man of his Lordship&#8217;s commanding dignity and eloquence fear cross examination by lowly government lawyers, to the point of standing mute as the court perpetrated the egregious injustice of convicting him of crimes of dishonesty? It would be enlightening to hear this upper class criminal explain why he only chose to proclaim his innocence to the judge when he knew very well it was too late, since she was bound by the jury&#8217;s prior determination of his guilt. Could it be that even in his delusional self righteous state he knew any innocent explanation of his greedy and arrogant actions would be discredited by a few simple questions?</p>
]]></content:encoded>
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		<title>Sordid Case Of Child Murder In Montreal Likely To Reach Supreme Court</title>
		<link>http://www.barbacki.com/offences-2/murder/sordid-case-of-child-murder-in-montreal-likely-to-reach-supreme-court/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=sordid-case-of-child-murder-in-montreal-likely-to-reach-supreme-court</link>
		<comments>http://www.barbacki.com/offences-2/murder/sordid-case-of-child-murder-in-montreal-likely-to-reach-supreme-court/#comments</comments>
		<pubDate>Sun, 26 Jun 2011 01:15:29 +0000</pubDate>
		<dc:creator>Andrew Barbacki</dc:creator>
				<category><![CDATA[murder]]></category>
		<category><![CDATA[basis]]></category>
		<category><![CDATA[Child]]></category>
		<category><![CDATA[child abuse]]></category>
		<category><![CDATA[child murder]]></category>
		<category><![CDATA[death]]></category>
		<category><![CDATA[first degree]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[nuances]]></category>
		<category><![CDATA[Reach]]></category>
		<category><![CDATA[second degree murder]]></category>
		<category><![CDATA[step mother]]></category>
		<category><![CDATA[Supreme]]></category>

		<guid isPermaLink="false">http://montrealcriminallawyerbarbacki.wordpress.com/?p=600</guid>
		<description><![CDATA[The sickening case of a child beaten to death by his common law step mother is likely to result in some esoteric arguments in the Supreme Court in order to clarify the nuances between first and second degree murder. The accused was initially charged with second degree murder but the charge was upgraded to first degree on the basis of the aggravating factor that the accused caused the victim to fear for his death prior to being killed. The high court will be required to rule whether this aggravating circumstance could properly be inferred from the abuse inflicted on the four year old in the days prior to his death.]]></description>
			<content:encoded><![CDATA[<p>The sickening case of a child beaten to death by his common law step mother is likely to result in some esoteric arguments in the Supreme Court in order to clarify the nuances between first and second degree murder. The accused was initially charged with second degree murder but the charge was upgraded to first degree on the basis of the aggravating factor that the accused caused the victim to fear for his death prior to being killed. The high court will be required to rule whether this aggravating circumstance could properly be inferred from the abuse inflicted on the four year old in the days prior to his death.</p>
]]></content:encoded>
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