The firs thing we da, let's
kill all the lawyers. — Henry
VI, Act 4, Scene 2.

JUDGING from the
response to last week’s
depiction of the events
concerning the jailing
of a police officer con-
victed of assault, it
would appear many of
you are getting mad.

Good.
Now here's a news flash.
le tor run-

ning the justice em don't
care what vou think. You see,
they inhabit a vastly different
world from the rest of us, the
great unwashed without the
fetters LLB behind our
name

Theirs is a world of argu-
ments, gently and politely
held before other lawyers all
bent on protecting the rights
of the individual and the hell
with the collective rights of
society. All done with a time
clock working overtime.

cuse me?
ir world is dri-
ven by billable hours. The
longer a case is dragged out,
the more hours they can bill.

It’s quite simple really.

If they can find a reason-
able Charter argument ina
¢ase — and they can and do
in almost every case — they
can stretch a simple shopliit-
ing case into hours and hours
of pure drivel. The type of
drivel that puts their kids
through college and pays for
the yacht.

It’s virtually impossible to
stop the drivel eithe

If, for cxample, the judge
is blessed with common sense
— I know, I know, it’s a
stretch, but just suppose —
the judge can only rule on
the argument presented, not
on the merits of or the moti-
vations for presenting it. To

crime and
punishment

do anvthing else would guar-
antee an appealable point of
law and the billing clock goes
positively manic.

The Charter of Rights and
Freedoms is, in itself, a noble
document, one whose ideals
and values I cherish. The way
the Charter has been treated
— avisted, stretched,
wrapped and contorted —
makes it virtually unrecog

y more,

The job of the police offi-

cer has been changed dramat-
in the past 15 or so

\ nee the Charter has

been around.

Take, for example, the
words a police officer must
use now each time a suspect
is arrest

It used to be a cop had to
tell the arrestee, “You are not
obliged to say anything, but
anything you do say may be
given in evidence.”

“You have nothing to
hope from any promise of
favor and nothing to fear
from any threat. You have the
right co retain and instruct
counsel without delay.”

la the intervening years
since the Charter was enact-
ed, the warning has changed
to the point where it is now
almost a full page long.

The arresting ofticer has
to take several breaths just to
get through it all while the
bad guys eyes glaze over.

Are you ready?

Here it is straight from
the booklet issued to ail
police officers in the province

from the attorney general's
office.
“Lam arresting you for

including the offence and
provide known information
about the offence including
date and place

“It is my duty to inform
you that vou have the right
to retain and instruct counsel
in private without delay. You

HT any Lawyer you want,

a 34-hour telephone
available which pro-
vides a legal aid duty lawver
w who can give you legal advice

“ This advice is given with-
out charge and the lawyer
can explain the legal aid plan
to vou.

“EH vou wish to contact a
legal aid duty lawver [can
provide you with a telephone
number,

“Do vou understand? Deo
you want to call a jaw

(Notice how many times
the word lawyer or counsel is
used by the arresting office
But it goes on...)

“You have the right to a
reasonable opportunity to
contact counsel. [am obliged
NOT to take a statement
from you or to ask you to
Participate in any proces
which could provide incrimi-
nating evidence (say what?)
until you are certain about
whether vou want to exercise
this right. Do you under-
stand? What do you want to
do?”

(Pass out from boredom
probably. Bur it ain’t over
yet. After all that the cop stili
has to take a statement,
right?

“You are detained with
respect to (reason for arrest).
if you have spoken to any
police officer including,

myselt, with respect to this
matter, who has offered you
any hope of advantage or
suggested any fear of prejir-

getting m dder

dice shouid you speak to me
at this time, it is my duty to
warn vou that no such offer
gestion can be of any
effect and must not influence
you or make you tect com-
pelled to say anything to me
for anv reason, but anything
you de say may be given in

Got all that?

Any guesses how likely it
is after that mouthful to actu-
ally get a confessio

All to ensure the little
dirthag who stole vour car
isn’t deprived of any single
tight the Supreme Court and
a host of other appetlate
courts have decided he’s enti-
tled to,

Despite all the piatitudes
mouthed by the attorne
general, the premier, ¢
eral justice minister and a
host of other politicos whe
know best, everything is
stacked against your rights
and in favor ef the scumbag
with your car. vour TV or
vour stereo.

The enly thing standing in
the way is the police. The
thin blue fine.

Now remember the cop
who was sent to jail last
week.

He was convicted on the
dubious word of some
nosepicker he arrested bre
ing into a house

The thin b)

a jot thinner.
Pil leave with his words,
spoken to me the day after he
was released from jail, on
bail, pending his appeal.

“TL haven't told my six-
year-old son abour this
said Const. Real Vallee
“How do I explain to him
where his daddy has been for

line is now

How indeed?

We should all be angry.
Bloody angry.

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