High Court sides with Guantanamo detainees again Associated Press

High Court sides with Guantanamo detainees again
By MARK SHERMAN Associated Press Writer

WASHINGTON (AP) - The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.

In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority.

Lufthansa Airbus wingstrike at Hamburg

The Lufthansa flight LH44 from Munich experienced wingstrike while landing at Hamburg on 1 March 2008 during Emma storm. Nobody was injured; the plane landed using another runway.

plane ablaze,

KHARTOUM (Reuters) - A Sudan Airways plane carrying 217 people burst into flames after landing at Khartoum airport on Tuesday and local media said dozens were feared killed.

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85th Canadian soldier dies

Capt. Jonathan Snyder of Penticton, B.C., was a member of 1st Battalion Princess Patricia's Canadian Light Infantry, based in Edmonton.
Snyder was on foot patrol in a field in Zhari district when he tumbled into an open well the Afghans call a kariz, said Brig.-Gen. Denis Thompson, commander of Canadian troops in Afghanistan.

N THE SUPREME COURT OF BRITISH COLUMBIA r Safe Injection Site (“Insite”),

	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. F.A. Schroeder M. Pongracic-Speier
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

continued here...

The RCMP is so stupid!!

Charter used to overturn child molestation charge

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Jun 05, 2008 11:18 AM

THE CANADIAN PRESS

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.

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