Archive for the ‘NEWS AND JUSTICE’ Category

mr president have a cigar   Leave a comment

Posted December 29, 2008 by arthur2rcasc in NEWS AND JUSTICE

A Constitutional Big One   Leave a comment

 
Whats Next Bugs In The Kids Toys
 
 
Lawyers slam CSIS on phone recordings
Michelle Shephard  
Isabel Teotonio   Dec. 19, 2008

Canada’s spy service has been intercepting telephone conversations between a terrorism suspect and his attorneys for more than a year and defence lawyers now want to know how these recorded communications were used …
 
That specific phrase, about the right to an attorney, embodies the 1963 Supreme Court ruling in Gideon v. Wainwright, that the words of the Sixth Amendment of the United States Constitution, “In all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense,” apply to all criminal cases.

Forty-one years ago, Clarence Earl Gideon, a 51-year-old homeless drifter with an eighth grade education, was arrested in Panama City, Florida, accused of breaking into a local poolroom. He asked for an appointed lawyer, and under Florida law his request was denied. He went to trial representing himself, was convicted by a jury and sentenced to serve the next five years in a Florida State penitentiary.

From his prison cell, Gideon penciled on yellow legal paper a petition for habeas corpus to the United States Supreme Court. It is shocking to reflect that in 1963, when Gideon’s case was heard, nearly one-half of all citizens convicted in this country could not afford a lawyer. In a unanimous opinion, the Court decided that “[l]awyers in criminal courts are necessities, not luxuries. . . .”

Gideon got a new trial — and a lawyer — and he was acquitted and set free. Henceforth, funding for appointed counsel to represent America’s poor in our criminal justice system became a required expenditure of government.  http://www.nacdl.org/public.nsf/championarticles/A0301p54?OpenDocument
 10. Everyone has the right to on arrest or detention

a) to be informed promptly of the reasons therefor;

b) to retain and instruct counsel without delay and to be informed of that right; and

c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

 

The right to consult a lawyer is considered to be important, and the courts have been understanding if, even in cases in which the person arrested or detained preferred not to see any lawyer, it is later argued section 10 is violated because the arrested or detained person did not know any better. This applies, for example, to cases in which the arrested or detained person has a low IQ.[1]

Section 10 has also been held not only to guarantee the right to see a lawyer, but also a right to be told that one may see a lawyer, a right to legal aid, and a right to be told that one may seek legal aid.[1] Although the right to counsel itself could be found in the 1960 Canadian Bill of Rights, the right to be told that one may see counsel is new to Canadian bills of rights. Indeed, in the Bill of Rights case Hogan v. The Queen (1978), the Supreme Court found the right to be told that one may see a lawyer did not exist even in a penumbra of the Bill of Rights. "In effect," Professors F.L. Morton and Rainer Knopff write, "section 10(b) of the Charter overrules Hogan."[2]

In R. v. Bartle (1994) the Supreme Court ruled that rights to be informed that one may seek counsel included rights to be told of duty counsel and how to obtain it (e.g., through a free telephone call).  http://en.wikipedia.org/wiki/Section_Ten_of_the_Canadian_Charter_of_Rights_and_Freedoms

The notwithstanding clause authorizes governments to temporarily override the rights and freedoms in sections 2 and 7–15 for up to five years, subject to renewal. The Canadian federal government has never invoked it, and some have speculated that its use would be politically costly. In the past, the notwithstanding clause was invoked routinely by the province of Quebec (which did not support the enactment of the Charter but is subject to it nonetheless). The provinces of Saskatchewan and Alberta have also invoked the notwithstanding clause, to end a strike and to protect an exclusively heterosexual definition of marriage,[4] respectively. (Note that Alberta’s use of the notwithstanding clause is of no force or effect, since the definition of marriage is federal not provincial jurisdiction.)[5] The territory of Yukon also passed legislation once that invoked the notwithstanding clause, but the legislation was never proclaimed in force.[6  http://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms

Posted December 19, 2008 by arthur2rcasc in NEWS AND JUSTICE

is that legal   Leave a comment

CSIS monitoring calls between suspects and their lawyers
Dec 18, 2008 01:35 PM   Michelle Shephard     National Security Reporter
Canada’s spy service has been listening to telephone conversations between terrorism suspects and their lawyers for the past 18 months as part of a strict monitoring program developed by the government.   The revelation today enraged defense lawyers who argue that intercepting these calls breaches the fundamental right of solicitor-client privilege.  "I feel as though my house was broken into," said Toronto lawyer Barb Jackman. "It’s incredibly invasive."  The issue arose in the case of Egyptian refugee Mohamed Zeki Mahjoub, who is accused of conspiring with Al Qaeda and has fought the government’s attempts to deport him for the past eight years.  Mahjoub’s case is one of five under the controversial immigration law known as "national security certificates."  In April 2007, Mahjoub was released on stringent bail conditions after seven years in custody. Mahjoub’s lawyers recently became concerned that their calls were also being monitored and pressed for answers.   http://www.thestar.com/News/Canada/article/555914

Our Priority Areas

CSIS programs are aimed at investigating and reporting on threats to the security of Canada. Learn more about these threats and CSIS‘s role in mitigating the risks.

  • Terrorism: Investigating the threat or the use of violence against persons or property for the purpose of achieving political, religious or ideological objectives.
  • Proliferation of Weapons of Mass Destruction: Investigating a growing number of foreign states and terrorist organizations that seek to develop and produce weapons of mass destruction, including chemical, biological, nuclear, and radiological weapons.
  • Espionage and Foreign Interference: Investigating clandestine activities by foreign governments that put Canada’s national security at risk; that monitor, manipulate, threaten, or exploit expatriates now residing in this country; that may be detrimental to Canada’s scientific and technological developments; that may harm our country’s critical economic and information infrastructures or that may affect our military, commercial interests, and classified government information.
  • Transnational Criminal Activity: Collecting strategic intelligence as part of a government-wide effort to advise the Government of Canada on the extent and nature of the threat posed by transnational crime to Canada.
  • Information Security Threats: Investigating threats against critical information systems and infrastructure posed by foreign countries, terrorists, and hackers.
  • Security Screening: Providing security assessments on behalf of federal government departments and agencies (except for the RCMP) on individuals who require access to classified information or sensitive sites, and on prospective immigrants, refugee claimants and citizenship applicants. Also providing assessments to some provincial governments, foreign governments and international organizations.

http://en.wikipedia.org/wiki/Canadian_Security_Intelligence_Service

The CSIS Act empowers the agency to investigate threats to Canada "within or relating to Canada," but other sections of the act restrict the gathering of information about foreign states to within Canada. The Communications Security Establishment, the Canadian signals intelligence agency, is not permitted to listen in on conversations between Canadians outside of the country.

 

In Canada, the Security of Information Act is part of the Canadian Anti-Terrorism Act (Bill C-36)[1] which received Royal Assent on December 18, 2001 and came into effect on December 24, 2001. This Act renamed and replaced Official Secrets Act 1981. The Act was amended to address national security concerns, including threats of espionage by foreign powers and terrorist groups, and the intimidation or coercion of ethnocultural communities in Canada.

Various actions are prohibited under the Act, including, but not necessarily limited to:

  • Forgery
  • Economic Espionage
  • Impersonation
  • Leakage of special operational information
  • Leakage of information that the Government of Canada or of a province is taking measures to safeguard
  • Communications with Foreign Entities or Terrorist Groups
  • Preparatory Acts
  • Foreign-influenced (Or Terrorist-influenced) Threats and Violence
  • Harbouring and Concealing
  • Conspiracy, Coup d’état, and Attempts etc.

Certain departments (‘Scheduled department’) and classes of people (past and current employees) are ‘permanently bound to secrecy’ under the Act. These are individuals who should be held to a higher level of accountability for unauthorized disclosures of information obtained in relation to their work. For example, employees of Canadian Security Intelligence Service (CSIS), Communications Security Establishment and certain members of the Royal Canadian Mounted Police (RCMP).  This act applies to anyone who have been granted security clearance by the Federal Government, including those who have been granted Enhanced Reliability Status for accessing designated information. Previously, only ‘classified’ information were protected under the Official Secrets Act 1981.

Posted December 18, 2008 by arthur2rcasc in NEWS AND JUSTICE

BRITNEY SPEARS   Leave a comment

 

                               

TO YOUR CONCERNS ; I STATE THIS ; ON YOUR BEHALF ;

POPAROTZI IN THIER RELENTLESS PURSUITS ARE IN FACT INDANGERING HER LIFE AND SECURITY OF PERSON ; THUS IF SHE HAS ANY MATTER TO MENTAL HEALTH AS YOU INDICATE IN MAN ; THEN MAN IS ESCULATING THAT CONCERN AS DEFINED BY MAN ; MABE SHE JUST NEEDS TO GO INTO THE MOUNTAIN OR DESERT TO PRAY ; TO GET SOME REST ; AS BUT CHRIST WENT INTO THERE TO PRAY,  BUT ALSO TO GET SOME TIME ALONE FOOLS AND REST ; TAKE A HOLIDAY ? WE ALL TAKE THEM DIFFERENTLY ; HOLIDAYS THAT IS TO GET AWAY FROM THE FOOLS 

THE SECURITY OF A PERSON IS ONE THAT INCLUDES BOTH MENTAL AND PHYSICAL BODY BY DEFINITION OF MAN ;

AS THE SPIRT IS A BODY WITHIN A BODY BY THE DEFINITION OF G*D ;

JUST TRYING TO HELP SOME BRITNEY SPEARS ; YOUR WELCOME ;

READ BETWEEN THE LINES ; BEFORE SHE TAKES AND STUFFS A CAMERA UP SOMEONES BEHIND ; JUSTIFIED IN MY MIND IF SHE DOES  ; MORAL OF THE STORY DON’T PISS OF G*D ; BECAUSE IF G*D HITS YOU YOU WILL KNOW IT ; WESLEY UNITED A MORAL ALSO TO THE STORY ; 

 PRAISE G*D AMEN

Posted January 15, 2008 by arthur2rcasc in NEWS AND JUSTICE

PRIME TO ROASTED   Leave a comment

 

http://en.wikipedia.org/wiki/United_States_Marine_Corps

The remains of an adult and a fetus were found Saturday in a shallow grave in the backyard of the primary suspect in the death of a pregnant Marine, Onslow County Sheriff Ed Brown announced. An arrest warrant has been issued for Cpl. Cesar Armando Laurean in the death of Lance Cpl. Maria Lauterbach. Laurean is charged with first-degree murder. full story

http://www.cnn.com/2008/CRIME/01/12/missing.marine/index.html

THE CREAM OF THE CROP IS SOUR

 

2 Corinthians 5:19-20“that God was reconciling the world to himself in Christ, not counting men’s sins against them. And he has committed to us the message of reconciliation. We are therefore Christ’s ambassadors, as though God were making his appeal through us. We implore you on Christ’s behalf: Be reconciled to God.”

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Posted January 13, 2008 by arthur2rcasc in NEWS AND JUSTICE

I DONT IMAGINE   Leave a comment

 

AP) Three county inmates in the jail here lay on their bunks, not saying much.
They wore pink jumpsuits and pink slippers, and one was wrapped in pink sheets. They were surrounded by pink bars and pink walls.

http://www.cbsnews.com/stories/2006/10/10/national/main2077390.shtml

I DONT IMAGINE THERE WILL BE TO MANY LOOKING TO BUY A PINK JUMP SUIT FROM THE JAIL SYSTEM ; I HEAR THE ORANGE ONES CAN BE SOLD FOR A LITTLE PROFIT ; YOU HAVE TO STEAL THEM YOU SEE THATS THE THRILL ; WELL MAYBE THE GIRLS MIGHT STILL WANT ONE AND WELL YOU KNOW !

Posted January 9, 2008 by arthur2rcasc in NEWS AND JUSTICE