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Bob Birarda done as Womens Whitecaps/ CSA Womens U-20 Gaffer

mtkb

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Except that, by Ciara's own version, some of the women asked if their conversations with the investigating firm would be the subject of solicitor / client privilege, didn't get an answer, and declined to participate. Maybe they had reasons they wanted to continue to throw their darts from the shadows, and maybe some of those reasons were even valid. But... it's a little rich to decline to participate and then complain that you weren't interviewed.

Anyway, I think what the firm is really saying is that the Whitecaps reasonably relied on the advice they were given. The problem with that is that when you're the one hiring the investigator, you can hardly be surprised when the report comes back in an overly favourable way to you. Moreover, I've never heard of this lawyer and she appears to have disappeared into thin air. How they landed on her, and what made them think that her assessment and recommendations would carry particular weight, is beyond me.

Frankly, it leaves them open to the allegation that they went looking for someone who might be inclined to sweep it under the rug and give them cover, and they got what they paid for, essentially.
I'm not saying that's what happened, but I can certainly see how members of the public might be drawn to that interpretation...

EDIT: not off the face of the earth; found her on LinkedIn.. seems a lifelong consultant in this type of area, which is paradoxically not really what I would want if I was trying to get to the bottom of a messy situation...

 

Spankmemanky

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Except that, by Ciara's own version, some of the women asked if their conversations with the investigating firm would be the subject of solicitor / client privilege, didn't get an answer, and declined to participate. Maybe they had reasons they wanted to continue to throw their darts from the shadows, and maybe some of those reasons were even valid. But... it's a little rich to decline to participate and then complain that you weren't interviewed.

Anyway, I think what the firm is really saying is that the Whitecaps reasonably relied on the advice they were given. The problem with that is that when you're the one hiring the investigator, you can hardly be surprised when the report comes back in an overly favourable way to you. Moreover, I've never heard of this lawyer and she appears to have disappeared into thin air. How they landed on her, and what made them think that her assessment and recommendations would carry particular weight, is beyond me.

Frankly, it leaves them open to the allegation that they went looking for someone who might be inclined to sweep it under the rug and give them cover, and they got what they paid for, essentially.
I'm not saying that's what happened, but I can certainly see how members of the public might be drawn to that interpretation...

EDIT: not off the face of the earth; found her on LinkedIn.. seems a lifelong consultant in this type of area, which is paradoxically not really what I would want if I was trying to get to the bottom of a messy situation...

No paper trail….. at all…. Reeks of an inside sweep.
 

utah

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freddy

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How guys like him and Graham James don't get shivved in the klink is beyond me. He just better not get out and start coaching women in another country.
 

mtkb

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I'm not quite sure how the proposed blended jail / conditional sentence would work. Because there are multiple counts I guess technically it's legal to do jail and then a conditional sentence, but I've never seen it done and its awkward - assuming the Judge even bites...
 

akslop

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So 16 months in Prision plus 8 months house arrest. Better than nothing I guess. Would have like to seen a sex offender status for him though. Enjoy the Big house Prison Bitch Bob. I'm sure you'll get what you deserve during your stay.
 

mtkb

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that's one of the ancillary orders in a sentencing like this - a SOIRA designation (sex offender registry).

the SCC recently tossed out a couple of the more draconian aspects of how that gets applied, but they suspended the effect for a year to let parliament fix the law. Long story short, Birarda will be on it, one way or another...
 

Regs

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that's one of the ancillary orders in a sentencing like this - a SOIRA designation (sex offender registry).

the SCC recently tossed out a couple of the more draconian aspects of how that gets applied, but they suspended the effect for a year to let parliament fix the law. Long story short, Birarda will be on it, one way or another...
Nope.

 

mtkb

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The Crown wanted him on it for twenty years... I rather suspect they will appeal this - they'll be worried about the precedent of someone banged away for 16 months of real jail getting an exception - anyone getting a less severe sentence than that would seem to have a good start on making the same argument (not an apples to apples comparison but still)...

On the other hand, it sounds like the interim period is about to be truncated by new legislation, which would give the Crown an off-ramp in that they can say the precedent value is zero because the new law hadn't been proclaimed at the time. It would mean that BB would benefit from a gap in legislation, which is kind of fitting for obvious reasons...

Edit: The Judge in question knows her stuff, but the point about "it's so public in the lower mainland" is interesting. It may well be that BB is older, well shamed, and a severely low risk to re-offend. Fair enough. But offenders like this sometimes do things like change their names, move across the country, and resume activities what they assume is under the radar. It's an invasion of privacy for people to register for sure... but then so too were the crimes of which they were convicted.

Will be interesting to see an appellate court weigh in on the replacement legislation at some point - the Supreme Court of Canada has come down on the Crown's side on sex assault related issues enough times in a row that the Catliff / Mobilio 86ers would blush at the streak...
 
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