Canada Kicks Ass
4 Girls Falsely Cry Rape,Cabbie Has Incident on Video

REPLY

Previous  1  2  3  4  Next



Alta_redneck @ Mon May 25, 2009 6:32 pm

Here's a little different example. A girl here got into self mutilation (cutting on her arms ) when she was confronted by her mother with what she had been doing to herself, she came up with an assault and rape story. After 2 or 3 days of investigation that story proved false, she was charged and found guilty of mischief.

   



novachick @ Mon May 25, 2009 6:32 pm

mmmmm I wonder if the police were looking towards the future where a judge finds them not guilty because they were drunk. The police may also not have wanted to do the paperwork on a case that would get pleaded down to a misdemeanor. I sincerely hope this man finds justice in a civil action.

   



Lemmy @ Mon May 25, 2009 6:35 pm

EyeBrock EyeBrock:
Wrong again. Public mischief mate. Read the criminal code and put the doob down.


"Again"? "put down the doob"? I stand corrected on the 'public michief' point. I confused 'mischief' with 'public mischief', the 2nd being an offence with which I was unfamiliar. As to why you're being a rude shithead to me, I'm not sure. Can you lend your legal acumen to the question I posed about the admissibity of cabby-cams?

   



Lemmy @ Mon May 25, 2009 6:39 pm

EyeBrock EyeBrock:
See above post. There are no such criminal offences as 'slander' and 'defamation of character'. And 'mischief' as a criminal offence isn't as you described either. Come on guys, check your facts before posting.


But libel certainly is a criminal offence, and if it's on tape and on youtube, it very well may be criminal defamation. And if you're such a fountain of legal knowledge, GREAT, I'd love to learn from you. So why are you being a horse's ass to everyone?

   



stemmer @ Mon May 25, 2009 6:48 pm

Probably because under our liberal legal system the perpetrator is considered the victim of the crime and real victim is mere collateral damage...

Mischief...hardly...!!!!! It's as Lemmy says libel is slander is verbal but once captured in print, video tape or audio tape it's libel....

   



EyeBrock @ Tue May 26, 2009 7:16 am

Lemmy Lemmy:
EyeBrock EyeBrock:
See above post. There are no such criminal offences as 'slander' and 'defamation of character'. And 'mischief' as a criminal offence isn't as you described either. Come on guys, check your facts before posting.


But libel certainly is a criminal offence, and if it's on tape and on youtube, it very well may be criminal defamation. And if you're such a fountain of legal knowledge, GREAT, I'd love to learn from you. So why are you being a horse's ass to everyone?


I hate to say you are wrong again, but you are. Libel is not a criminal offence in Canada.

And as for horses ass. I'm recounting the high opinion you have of law enforcement and return your kindness.

I quote from a post you made on 29th March 2009;

"This is VERY disturbing to me. We have a profession that is already disproportionally composed of angry, stupid, anti-social characters and we're going to LOWER the standards?"

   



EyeBrock @ Tue May 26, 2009 7:19 am

stemmer stemmer:
Probably because under our liberal legal system the perpetrator is considered the victim of the crime and real victim is mere collateral damage...

Mischief...hardly...!!!!! It's as Lemmy says libel is slander is verbal but once captured in print, video tape or audio tape it's libel....


Stemmer,

Lemmy is not a good resource for Criminal Code definitions.


Mischief

430. (1) Every one commits mischief who wilfully

(a) destroys or damages property;

(b) renders property dangerous, useless, inoperative or ineffective;

(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

But this is:

http://laws.justice.gc.ca/en/showdoc/cs/C-46/en?page=1

   



stemmer @ Tue May 26, 2009 7:32 am

Libel, slander & defamation....

http://www.cba.org/BC/public_media/rights/240.aspx

$1:

Defamation can be a crime under the Criminal Code, but only rarely. This script is about law suits in civil defamation. If someone has defamed you, you may also be able to sue for a violation of your privacy under the provincial Privacy Act. Further, section 7 of the BC Human Rights Code prohibits another type of defamation, namely, a discriminatory publication. For more information on that, contact the BC Human Rights Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC. Or see its website at www.bchrt.bc.ca. Also, refer to English language script 236.

   



EyeBrock @ Tue May 26, 2009 7:35 am

Alta_redneck Alta_redneck:
Here's a little different example. A girl here got into self mutilation (cutting on her arms ) when she was confronted by her mother with what she had been doing to herself, she came up with an assault and rape story. After 2 or 3 days of investigation that story proved false, she was charged and found guilty of mischief.


"Unofficial" stats put the 'unfounded' (that means the victim lied) rate at about 80% of those who go to Police. That's a lot of false claims.

But, on the other hand. Rape Crisis centres across Canada see many victims who do not go to Police. In the GTA about 5% of those who go to a Rape Crisis Centre/Hospital/Shelter report sexual assaults to Police, so that is a huge proportion of rapes/sexual assaults that never get reported.

Contrary to popular belief, 'stranger' sexual assault is quite rare. Most victims get raped by ex-boyfriends/husbands, family members, work collegues etc, and that is why they don't go to Police.

   



EyeBrock @ Tue May 26, 2009 7:38 am

stemmer stemmer:
Libel, slander & defamation....

http://www.cba.org/BC/public_media/rights/240.aspx

$1:

Defamation can be a crime under the Criminal Code, but only rarely. This script is about law suits in civil defamation. If someone has defamed you, you may also be able to sue for a violation of your privacy under the provincial Privacy Act. Further, section 7 of the BC Human Rights Code prohibits another type of defamation, namely, a discriminatory publication. For more information on that, contact the BC Human Rights Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC. Or see its website at http://www.bchrt.bc.ca. Also, refer to English language script 236.



The only part of the criminal code that deals with any slander is Sec 320(8) 'Hate propaganda'.

The CBC is not considered a legal resource. And 'human rights codes' are civil law, not criminal.

This is all very basic legal stuff.

   



stemmer @ Tue May 26, 2009 8:59 am

It's not CBC its CBA - Canadian Bar Association - British Columbia Branch ... It's obvious you didn't even click on the link I provided yet you posted an opinion as if you did.... 8O

   



EyeBrock @ Tue May 26, 2009 9:10 am

stemmer stemmer:
It's not CBC its CBA - Canadian Bar Association - British Columbia Branch ... It's obvious you didn't even click on the link I provided yet you posted an opinion as if you did.... 8O


Oops! You are right, I didn't. That aside my posts are correct and yours less so.
I use the Criminal Code as my resource as I find lawyers can't always be trusted on for a neutral view of the law.

   



commanderkai @ Tue May 26, 2009 9:26 am

EyeBrock EyeBrock:
Contrary to popular belief, 'stranger' sexual assault is quite rare. Most victims get raped by ex-boyfriends/husbands, family members, work collegues etc, and that is why they don't go to Police.


Agreed, and that should change (about going to the police), but, I think what these girls did is disgusting, because even an allegation of rape is damaging to your credibility, especially since the name is usually public.

Now...what exactly can we do? Events like this damage the credibility of all women, because it reveals that some girls use the allegation of rape to get what they want. (Now, some people might disagree, but if a cop beats up a suspect, people start saying the entire department is corrupt and abusive) So how exactly do we stop something like this? Education? More common sense? More victim rights (both rape victims, AND this cab driver)? I don't know, but, what was shown in that video was disgusting.

   



Lemmy @ Tue May 26, 2009 9:40 am

EyeBrock EyeBrock:
I hate to say you are wrong again, but you are. Libel is not a criminal offence in Canada.


Yes it is. See Sections 298 to 304 of the CC, paying particular attention to section 301.


EyeBrock EyeBrock:
And as for horses ass. I'm recounting the high opinion you have of law enforcement and return your kindness.I quote from a post you made on 29th March 2009;
"This is VERY disturbing to me. We have a profession that is already disproportionally composed of angry, stupid, anti-social characters and we're going to LOWER the standards?"


Get over it.

   



Lemmy @ Tue May 26, 2009 9:43 am

EyeBrock EyeBrock:
Lemmy is not a good resource for Criminal Code definitions.

Mischief
430. (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.



I beleive I said that mischief was an offence for property damage. How is that different from what you posted? Your ad hominem attacks are becoming tiresome.

   



REPLY

Previous  1  2  3  4  Next