Reid Institute Members - The new Canadian Column is available on the Members What's New page ñ it is entitled, ìFrontline Interrogations: Solving the ëmere suspicion bindí
Written By:
Reid
Oct 15, 2007
In the case of R.†v.†L.B. (2007) Ont. C.A. Gino Arcaro writes:
The best way to introduce and summarize this case is to quote the Ontario Court of Appeal in the judgment of R. v. LB, a decision released on Sept. 5, 2007:
This case involves a loaded handgun in the possession of a student on school property. Conduct of that nature is unacceptable without exception. It is something that Canadians will not tolerate. It conjures up images of horror and anguish the likes of which few could have imagined twenty-five years ago when the Charter first came to being. Sadly, in recent times, such images have become all too common ñ children left dead and dying; families overcome by grief and sorrow; communities left reeling in shock and disbelief.
The judgment reversed the mystifying acquittal of a young offender who had possession of a loaded firearm on a school property. This is significant for three reasons: (i) it represents the first formal case law recognition of how severe the social problem of campus violence has become; (ii) it serves as a strategic point of reference regarding the complexities of frontline interrogation, providing a solution to the ìmere suspicion bindî; and (iii) it gives the police considerable leeway in their efforts to protect school campuses.
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The best way to introduce and summarize this case is to quote the Ontario Court of Appeal in the judgment of R. v. LB, a decision released on Sept. 5, 2007:
This case involves a loaded handgun in the possession of a student on school property. Conduct of that nature is unacceptable without exception. It is something that Canadians will not tolerate. It conjures up images of horror and anguish the likes of which few could have imagined twenty-five years ago when the Charter first came to being. Sadly, in recent times, such images have become all too common ñ children left dead and dying; families overcome by grief and sorrow; communities left reeling in shock and disbelief.
The judgment reversed the mystifying acquittal of a young offender who had possession of a loaded firearm on a school property. This is significant for three reasons: (i) it represents the first formal case law recognition of how severe the social problem of campus violence has become; (ii) it serves as a strategic point of reference regarding the complexities of frontline interrogation, providing a solution to the ìmere suspicion bindî; and (iii) it gives the police considerable leeway in their efforts to protect school campuses.