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Ellard gets a fourth trial

johnnybluenose

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Ellard conviction overturned in death of Victoria teen Reena Virk

What is this a fcuking make-work project for judges and the justice system!!!???

Election issue IMHO....

I saw this on the news this morning and almost made me throw up my toast and coffee

Kjohnsob just emailed me the link with comments that hit the nail on the head

Are You Kidding Me!? there is no justice in Canada. We need elected Judges! And sentencing suggestions removed from the last and replaced with fixed sentences for a given conviction.


If there was an elected judges and judiciary we wouldn't have these issues. She fcuking killed the girl, along with that twat that was already convicted...and now we are going to pour hundreds of thousands on the already millions I'm sure, just to lock this bitch up on our nickle...shambles.


 

Dude

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Devil's advocate, because I completely agree that this is a limp wristed liberal judiciary system working at it's best. Completely disgracefull.

If there was an elected judges and judiciary we wouldn't have these issues. She fcuking killed the girl, along with that twat that was already convicted...and now we are going to pour hundreds of thousands on the already millions I'm sure, just to lock this bitch up on our nickle...shambles.

A system whereby the public is made responsible for electing judges will only create a bought-and-paid-for extreme right wing system, and take a lot of the judging out of the judges hands. The people who will suffer are the poor and uneducated.

Think about most of the cases in front of judges (outside personal small claims stuff); they are not criminal, they are liability based. Most liability cases are brought against corporations, for one reason or another. If you put the power in the hands of the voters, you are automatically eliminating the vast majority of the population, since it is well known that statistically those in the poorer income brackets, and lower education levels rarely vote at all. Especially in the lower profile campaigns- which this would be. If you can get even a small portion of this demographic, you’re made in the shade. To do this it takes campaign money.

So now you are leaving it to the judges to run a campaign, and fund it. Who do you think will get the big funding and campaign donations? A moderate, centered, fair minded judge that has a history of holding corporate outlaw’s feet to the fire, or a right wing conservative- who may be tough on crime, but is completely unsympathetic to people who may have a legitimate case against a bad corporate citizen. Use your imagination here. Could be a company like- hypothetically- a large aluminum producer in a small town that has had a history of polluting the town’s drinking water, and folks are locally dying of stomach ailments. Or, say, a meat producer that puts out bad products that people of dropping dead from. Or a private medical clinic that has had its hands slapped more than once for malpractice, in one case leading to death.

The guy with the most funding will win this style of election every time, because they will run on their record for being tough on crime, to get the emotional vote. They will run a quieter campaign to the corporate players and medical community selling their stance against insurance litigation. But hey, what do most guys care about, and equate a judge to? They want a guy who will be unsympathetic to the Ellard’s of the world. The moderate guy may take the same stance, but he doesn’t have nearly the same budget to make an impact w/ the public at large, and no budget OR platform to appeal to the corporate community.

Judges can not be treated as politicians. The roles are just too important. What to do? No freaking idea, but I do know electing them is a bad, bad idea.

And if you think I read too much John Grisham…well…guilty as charged.
 

johnnybluenose

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I was thinking Grisham the whole way down...nic work :D

Seriously, anything is better than what we have...Judges and a system that has nobody to answer to. Some bureaucrats are worth every penny to the taxpaying public, since they have to compete with the private sector for these people, other people in the bereaucracies are vastly overpaid and don't do shite to earn what they do...

The system is flawed...and I don't have an answer, I just feel electing judges will at least hold some accountability in that the public could eject a poor judge at any time.

I also don't buy the poor/uneducated argument on voting, we are not the USA, we don't have nearly the issue they do on such matters. at least not on the same scale.
 

Kevin Hector

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Maybe because we're a smaller counrty. population wise JBN. but don't kid yourself Canadad is a toilet waiting to be flushed, and until it does it's just getting worse.
 

Dude

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Yeah, original thinking my post was not. But, there is a lot of truth to the power of the back-room corporate dollar, and when you think about it, judicial elections in the States are extremely low profile for the importance of the actual position. Squeaky wheel.

The system is flawed...and I don't have an answer, I just feel electing judges will at least hold some accountability in that the public could eject a poor judge at any time.

Agree I don't know the answer, and agree that accountability is badly in need. Disagree that leaving it in the hands of the electorate is a good idea.

Here's why...

I also don't buy the poor/uneducated argument on voting, we are not the USA, we don't have nearly the issue they do on such matters. at least not on the same scale.

Here- especially in the Lower Mainland, it is a huge issue.

We have a massive ESL population here. Now, this isn't a derogatory comment towards the part of our population that has come here from another country to work hard and make a better life for their children- bless their hearts. But, we have a hugely significant portion of our electorate that does not speak english, and does not identify with the typical political figure. A very, very substantialportion of this population does not make it out to the polls at election time. It is a statistically true fact. Is it fair to say they are "uneducated"? Maybe, maybe not- but the language barrier doesn't help.

Also consider this: last I heard, the Seikh Temple leadership elections in Surrey draw more votes than the Surrey Civic elections.
 

Polska

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is it true that the only reason Vancouver got a spot on the new monopoly board is because they wanted another get out of jail free space?
 

the-impersonator

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This justice system is a joke. You can litterally get away with murder. I can see the agrument for Judges getting elected like they are in the States.

I remember between one of Ellards many trials she attacked an old lady in a New West park. She has no remorse or empathy. Lock her up and throw away the key.

We were talking to my wifes cousin the other day who is a corrections officer in the US in a maximum security prison. He was telling us the other day he smelt smoke coming from a cell and one of the other prisoners point to the cell next to him, when he snuck up on the guy he put the lig cigerette in his mouth!.......He asked this other guy who was doing 90 years for murdering someone in Detroit "why he did it" all the guy said was "kill or be killed"...............I think that statement is pretty true of this gang problem we've got going on....trouble is no one gets caught.
 

Reccos

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As annoying as this decision is, we should not ever go near electing judges. If you elect a judge, that person is then just like a politician who has do whatever to raise money to get re-elected. They then are beholden to who pays their campaign bills. Just like elected DAs are a lot about politics as they prep to run for governor etc.

Look at the number of US wrongful convictions and I suspect many of them were simply convicted in the media so the judge who must be mindful of public opinion there is more easily influenced.

This was overturned on narrow, legal grounds which is very frustrating for all of us who want murderers jailed but the solutions won't be found in judges running for election.

Ellard's step father is well known soccer guy from Victoria and hopefully isn't reading parts of this thread.

The legal costs for Ellard must be horrendous so justice must be being paid for by someone with deep pockets unless that lawyer is doing it for the publicity it will give him for successfully overturning a murder conviction.

As her lawyer notes, this might not go to a further trial as it gets harder and harder as time goes on to make a compelling case that will convince a jury. Who the f..k remembers any longer what took place and from the outset some weren't exactly providing full and complete accounts of the events.

That is the wonder of the justice system today. The courts are backed up so defendants do whatever it takes including moving to other provinces, forgetting to appear for finger prints and photographs or hearings, and this drags it out until the witnesses are senile, dead or too have moved. Justice needs to be swifter, trials need to be shorter! In some matters now in BC courts, if someone isn't screaming for a trial to be held, the busy Crown Counsel office will simply drop it. I have a friend on this site who was screwed that way as the witnesses pressed the Crown and the guy had eventually to go to trial long after the crime was committed.

The other issue is that the politicians and public won't pay for more jails or treatment programs so what are the judges to do.

Ellard's case was different and maybe the Crown should seek leave to take it to the Supreme Court of Canada. Not sure if they'd accept the case but from an optics point of view, it might make the public feel better.

I look at this way sometimes. If the guilty is racking up huge legal bills all is good.
 

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