We apologize for this inconvenience.
| PHS Community Services Society v. Attorney General of Canada, | |
|
| 2008 BCSC 661 |
Date: 20080527
Docket: S075547
Registry: Vancouver
Between:
PHS Community Services Society,
Dean Edward Wilson and Shelly Tomic
Plaintiffs
And:
Attorney General of Canada
Defendant
- and -
Docket: S065587
Registry: Vancouver
Between:
Vancouver Area Network of Drug Users (VANDU)
Plaintiff
And:
Attorney General of Canada and Minister of Health for Canada
Defendants
And:
British Columbia Civil Liberties Association
Intervenor
Before: The Honourable Mr. Justice Pitfield
Reasons for Judgment
| Counsel for the Plaintiff: PHS Community Services Society, Dean Edward Wilson and Shelly Tomic | J.J. Arvay, Q.C.
|
| Counsel for the Plaintiff: VANDU | J.W. Conroy, Q.C. |
| Counsel for the Defendant: Attorney General of Canada | J.J.L. Hunter, Q.C. K.M. Stephens
|
| Counsel for the Intervenor: British Columbia Civil Liberties Association | D.A. Webster, Q.C. R.D.W. Dalziel
|
| Date and Place of Hearing: | April 28 - May 2, May 5-7, 2008 |
|
| Vancouver, B.C. |
I. Introduction
OTTAWA – The Supreme Court of Canada has quashed the conviction of a British Columbia man for molesting three children, ruling that the RCMP “knowingly and deliberately” violated the Charter of Rights during their investigation.
In a 9-0 judgment today, the court ordered a new trial for Dieter Wittwer, 73, described at a Kelowna, B.C., sentencing hearing two years ago as a pedophile who refused to admit the harmfulness of his behaviour.
Evidence before the high court showed that police made three tries before finally obtaining a statement from Wittwer that was later used against him at trial.
Prosecutors told the Mounties that neither of the first two statements would be admissible because they hadn’t properly advised Wittwer of his right to counsel or given him a chance to contact a lawyer.
At a third interview he refused to say anything for the first four hours, but finally spoke out when an RCMP sergeant told him he already knew about the incriminating statements made in the past.
Justice Morris Fish, writing for his unanimous colleagues, left the door open in principle for police to go back and conduct repeated interviews in such circumstances.
He also rejected a defence claim that police had an explicit obligation to tell Wittwer his previous two statements were legally inadmissible. That amounted to “legal advice” tendered to the RCMP by the Crown, said Fish, and interrogators didn’t have to share it with the suspect.
Nevertheless, Fish concluded there was fatal flaw in the way the third interrogation was conducted — the fact that the Mounties prompted Wittwer to talk by referring directly to the past, legally tainted interviews.
“The police knowingly and deliberately made use of an earlier statement that they themselves had obtained from the appellant in a manner that infringed his constitutional rights,” wrote Fish.
Thank you for your comments. We are sorry that you think we were in
some way promoting the therapy the Deerings chose and/or giving false
hope because it certainly was not what we intended; we took great pains
to explain that it was controversial, potentially dangerous and
completely unproven.
KANDAHAR AIRFIELD, Afghanistan - Into a glorious setting sun and the belly of a Canadian Forces Hercules, the Maple Leaf-draped casket of Capt. Richard Leary, "Stevo" to his friends, was carried Wednesday to start the final trip home from the war zone of Afghanistan.
"His wish to serve his country by leading his troops into combat was one of his greatest desires," said Canadian battle group chaplain Capt. Darren Persaud. "When he was informed that he was coming to Afghanistan, he could not have been happier."
Thousands of NATO troops lined the runway as Leary's company comrades, followed by a piper playing a lament, carried the coffin into the aircraft bound for home.
Email to a friend
Printer friendly
Leary, 32, was the second Canadian soldier in a month to die in an ambush while on foot patrol west of Kandahar City. He was leading his platoon during a small-arms fire fight Tuesday morning when he was shot - the 84th Canadian soldier to die in Afghanistan since 2002.
"He was always pushing it, pushing it as much as he could . . . he was a real inspiration to his troops," said Lt.-Col. Dave Corbould, battle group commander with Canada's Joint Task Force Afghanistan.
Corbould said Leary's men would likely hold a small ceremony in the field but that they would not be interrupting their work.
"As Capt. Leary was loyal to his men, they're loyal to his memory and they're getting on with the mission," he said.
Leary is survived by his wife and high school sweetheart Rachel of Shilo, Man., his Brantford, Ont., parents and a sister. A McMaster University history graduate who completed officer training in Sept. 2006, Leary served with 2nd Battalion, Princess Patricia's Canadian Light Infantry based at CFB Shilo. He was serving his first tour in Afghanistan.
Re: Cure chasers segment
Mon. Jan. 15/07
It was a very good human interest story, however, it is not the CBC's job to promote, or give the appearance of promoting, a Chinese facility that performs stem cell treatments. For all the CBC knows, this company could be a fraud. I am commenting because of the way you edited the piece. The two women appeared to be shocked by the wonderful results portrayed in the promo. It appears that the CBC was the one who found the promotional material and showed it to the family. I just wonder if the CBC has offered false hope to the women, their family and anyone who watch the show.
Thanks
