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A MESSAGE FROM THE COALITION JUSTICE FOR LEVI:Jan 17th 2012.
DEAR FRIENDS AND ALLIES,
It is with great dismay that I write to you on behalf of the Coalition Justice For Levi to announce that the police have decided at the eleventh hour to appeal the November 15th, 2011 Ontario Superior Court of Appeal decision made in our favor. The Schaeffer and Minty families are being taken to the Supreme Court of Canada in an attempt by police interests to overturn an Ontario Superior Court of Appeal decision that officers involved in an investigation by the Special Investigations Unit were not permitted to consult a lawyer as to the content of their notes before completing them or before submitting them to the civilian oversight body. The November decision rendered by the Ontario Superior Court of Appeal was unanimous. It clarified that police officers could, of course, contact their lawyer for general legal advice but that they could not postpone writing their notes or handing them in for the S.I.U. until after their lawyer has checked and approved them. Notes must be contemporaneous and independent to be a reliable evidentiary basis in Canada’s courts. In December of 2011, the Ontario Ombudsman’s office released the report, “Oversight Undermined”, in which the Schaeffer/Minty case is discussed at length as an example of the grievous systemic problems presently festering between police forces, police lobbies, civilian oversight bodies, governing ministries, legal professionals and the rights and interests of the public. In this report, Ontario Ombudsman Andre Marin decries the Ministry of the Attorney General of Ontario for protecting the interests of police over those of the Special Investigations Unit , a unit which is administered at arms length through the office of the Ministry of the Attorney General of Ontario. Despite the clearly identified, internal governmental conflicts that have plagued the public’s right to police accountability, despite an atmosphere where government bodies related in work through legislation are unable or unwilling to work to accomplish what is mandated of them, and despite the unlimited budget that the government can access to address these deep problems, it has been left to the efforts and the pocket books of two modest Ontario families to insist these enormous systemic problems of impunity and lacking accountability be addressed, once and for all, in a court of law. At the Ontario Superior Court of Appeal, many police interests sought intervener status into this case. Many, many more police interests are now expected to seek intervener status as the Schaeffers, the Mintys and their lawyers, Julian Falconer and Sunil S. Mathai, prepare to meet the force of not only Ontario’s but Canada’s police interests at the Supreme Court of Canada. There is no set date yet , but it is expected that the case may be before Canada’s highest court in December of 2012.
On behalf of the Coalition Justice for Levi, Rachelle Sauve
P.S. Please post and spread this message widely. Thank you.
PLEASE HELP:
DONATE: Please donate to this campaign so that these Ontario families do not have to bear the indefinite financial burden of fighting for the public’s right to accountable policing without support. Police interests have unlimited funding. The Coalition Justice For Levi understands that these are rough economic times and that for most of us, funds are quite limited. Donations of a penny to a plenty are so greatly necessary and appreciated. To donate, please go to www.justiceforlevi.org .
FUNDRAISING: One way to best support the Coalition Justice For Levi is to organize and hold a fundraising event of whatever sort. This will help raise money, raise awareness and connect communities across the country in struggle. The Coalition Justice For Levi can attempt to come to your event and can elsewise send materials. If you have an already existing store, distribution business or elsewise, the Coalition Justice For Levi has t-shirts, bags, buttons, patches, radical magnetic poetry and other merchandise for sale. If you are interested in helping with fundraising, please send and email to info@justiceforlevi.org .
AWARENESS RAISING: Help get the word out about this case. Get in touch with us for interviews. Help create materials to help build public interest and understanding. Discuss oversight of police and accountability. Create forums, discussions, art pieces.
ATTORNEY GENERAL LETTER CAMPAIGN: Write, email and/or call the office of the Attorney General of Ontario and insist that they acknowledge, honor and implement the recommendations made by the Ontario Ombudsman in the report, “Oversight, Undermined”. Contact your M.P.P. and insist that they make it clear to the Attorney General’s office that their constituency wants the Attorney General to implement the report’s recommendations.
E-mail at attorneygeneral@ontario.ca
Mailing address: Ministry of the Attorney General McMurtry-Scott Building 720 Bay Street, 11th Floor Toronto, ON M7A 2S9
Telephone toll free: 1-800-518-7901 Telephone Toronto: 416-326-2220
People who are hearing impaired may contact the ministry by Teletypewriter (TTY): Teletypewriter (TTY) toll free: 1-877-425-0575 Teletypewriter (TTY) Toronto: 416-326-4012
Fax: 416-326-4007
CONNECTING THE STRUGGLE: This case is one glimpse into the way that police impunity functions against the rights of the public. The Coalition Justice For Levi wants to connect this one case with the hundreds and thousands of others that relate to police impunity, brutality, profiling, intimidation, corruption and the people’s struggle to ensure accountability to those who are policed. Please let us know what is happening in your communities. We hope to connect the many disparate struggles to effectively map the systemic problems of unaccountable policing and to create a strong, resilient, empowered network of peoples’ working to resist and to end police impunity. Consider organizing with the Coalition Justice for Levi or asking us to organize in solidarity with your work.
CONTACT US:
LEARN MORE: COALITION JUSTICE FOR LEVI OVERJOYED BY COURT RULINGWednesday, November 16th, 2011 The Coalition Justice for Levi and the Schaeffer family are delighted to announce and to celebrate a landmark decision by Ontario’s highest court released Tuesday, November 15th. In the decision, the three party panel ruled unanimously that police involved in an SIU investigation are not permitted "to have lawyers vet their notes or to assist them in preparation of their notes." The Schaeffer family, along with the family of Douglas Minty launched an application in Ontario’s courts in November of 2009. They asked the courts to determine whether the O.P.P. conduct of lawyer vetting of police notes by officers prior to submitting their notes to the S.I.U. was or was not permitted by statute and regulation. Today’s decision now brings legal, crystal clarity to the matters. The Coalition Justice for Levi is elated that the courts have applied their ability and responsibility to examine, scrutinize, and make firm determination on these matters. The dysfunction of a severely compromised public oversight and investigation system inflicts an extraneous injury and harm on those families and communities that must already grieve the loss of a loved one. It is hoped that this decision may spare others in the future who must already suffer the loss of a loved one at the hands of police but need not suffer the painful compounding of this pain with an egregious secondary harm. The court’s decision to award 100,00 dollars in costs to the appellants who have incurred years of crippling legal costs is to be celebrated, but should be held in light of the reality that it should never, ever have been left to pocketbooks or sacrifice of the families of those killed by police to bring these matters to light. The deep problems festering in the ambiguities of the relationship between the O.P.P., the S.I.U. and the law have long been elucidated in reports commissioned by the Attorney General’s office and an Ontario Ombudsman. Though awarded court costs now bring some relief, legal fundraising must nonetheless continue to meet substantial outstanding legal costs. The Coalition Justice for Levi is encouraged by the court’s decision. This decision upholds and strengthens the legal ability for public parties to access the powers of the courts and to ask those courts to examine and interpret questions of police accountability as they relate to law and public interest. Today’s decision balances the need to protect the legal right of police officers to access council while equally ensuring the public that police officers may not breach the law as wrote because of internal policy or adherence to customary conduct or police culture. This is one step towards clarifying the boundaries of enhanced rights conferred upon police and a step towards using a legal framework to limit and safeguard the public against a rising atmosphere of police impunity. To each and every person that has helped us with this campaign over these last years: thankyou. Your support, solidarity and resources have empowered Ontario families to challenge and effect a substantive change in the real workings between police and the public. You are all really, really shiny super stars. We still need your help fundraising and linking this struggle and success to an ever growing grassroots movement dedicated to a vigilant dismantling of abusive police power… We need justice for all communities, not police impunity. In joy, thanks and celebration, On behalf of the Coalition Justice for Levi, Rachelle Sauvé
Here is the release FROM the Schaeffer/Minty lawyers site http://fcbarristers.com ...
November 15, 2011- Schaeffer/Minty Police Notes Case In a landmark judgment released today, the Court of Appeal for Ontario has determined once and for all that police officers are prohibited from having lawyers assist them in the preparation of their notes when a member of the public is fatally shot by the police. The case culminates a two year legal battle being waged by two families whose mentally disabled family members were shot and killed by O.P.P. officers in two unrelated shootings. Court of Appeal Decision. November 15, 2011 Falconer Charney Press Advisory. November 15, 2011 Families' Factum on Appeal. March 15, 2011 S.I.U. News Release. November 15, 2011 Click here to view factums of all parties & intervenors In the News "Lawyers can't vet officers' notes in SIU cases, court rules." November 15, 2011 "No lawyer vetting of notes for investigations of police court." November 15, 2011 "Ontario top court rules police under SIU probe cannot have lawyer vet notes." November 15, 2011 "Ont. court says lawyers can't help police write notes." November 15, 2011 "Ontario court ruling a win for families of people killed by officers." November 15, 2011 Link to Falconer LLC website with more infoHere is a great resource that has been supplied by the lawyer in this case. about 1/4 of the way down the page you will find a section dedicated to this case, with court and other documents and media links. http://fcbarristers.com/Falconer/cases.html#ongoing You will also see lots of information on the other important cases being worked on by the office. About Justice for Levi
The applicants (families) have won standing!!! and may now proceed with the actual issues of the case. The respondents (the people that are representing the police) will still be trying to argue our legitimacy by saying that there is no public interest. To help you can research the issues and write to newspapers, your MPP and the attorney general, to let everyone know that this case is a matter of public interest. Watch our new cartoon Help us make it go VIRAL forward this video, embed it and link your profile to it everyone needs to know that this case is a matter of public interest!!!! Please give a contribution towards:
For More information Click on "the story" link located at the top of the page.
CLICK HERE FOR PICTURES OF OUR March, 2010 EVENT!! We would like to thank michaelhurcomb.com for the photos. COALITION JUSTICE FOR LEVI CELEBRATES INCREDIBLE VICTORYWednesday, November 16th, 2011 The Coalition Justice for Levi and the Schaeffer family are delighted to announce and to celebrate a landmark decision by Ontario’s highest court released Tuesday, November 15th. In the decision, the three party panel ruled unanimously that police involved in an SIU investigation are not permitted "to have lawyers vet their notes or to assist them in preparation of their notes." The Schaeffer family, along with the family of Douglas Minty launched an application in Ontario’s courts in November of 2009. They asked the courts to determine whether the O.P.P. conduct of lawyer vetting of police notes by officers prior to submitting their notes to the S.I.U. was or was not permitted by statute and regulation. Today’s decision now brings legal, crystal clarity to the matters. The Coalition Justice for Levi is elated that the courts have applied their ability and responsibility to examine, scrutinize, and make firm determination on these matters. The dysfunction of a severely compromised public oversight and investigation system inflicts an extraneous injury and harm on those families and communities that must already grieve the loss of a loved one. It is hoped that this decision may spare others in the future who must already suffer the loss of a loved one at the hands of police but need not suffer the painful compounding of this pain with an egregious secondary harm. The court’s decision to award 100,00 dollars in costs to the appellants who have incurred years of crippling legal costs is to be celebrated, but should be held in light of the reality that it should never, ever have been left to pocketbooks or sacrifice of the families of those killed by police to bring these matters to light. The deep problems festering in the ambiguities of the relationship between the O.P.P., the S.I.U. and the law have long been elucidated in reports commissioned by the Attorney General’s office and an Ontario Ombudsman. Though awarded court costs now bring some relief, legal fundraising must nonetheless continue to meet substantial outstanding legal costs. The Coalition Justice for Levi is encouraged by the court’s decision. This decision upholds and strengthens the legal ability for public parties to access the powers of the courts and to ask those courts to examine and interpret questions of police accountability as they relate to law and public interest. Today’s decision balances the need to protect the legal right of police officers to access council while equally ensuring the public that police officers may not breach the law as wrote because of internal policy or adherence to customary conduct or police culture. This is one step towards clarifying the boundaries of enhanced rights conferred upon police and a step towards using a legal framework to limit and safeguard the public against a rising atmosphere of police impunity. To each and every person that has helped us with this campaign over these last years: thankyou. Your support, solidarity and resources have empowered Ontario families to challenge and effect a substantive change in the real workings between police and the public. You are all really, really shiny super stars. We still need your help fundraising and linking this struggle and success to an ever growing grassroots movement dedicated to a vigilant dismantling of abusive police power… We need justice for all communities, not police impunity. In joy, thanks and celebration, On behalf of the Coalition Justice for Levi, Rachelle Sauvé www.justiceforlevi.org www.info@justiceforlevi.org Here is the release FROM the Schaeffer/Minty lawyers site http://fcbarristers.com ... November 15, 2011- Schaeffer/Minty Police Notes Case In a landmark judgment released today, the Court of Appeal for Ontario has determined once and for all that police officers are prohibited from having lawyers assist them in the preparation of their notes when a member of the public is fatally shot by the police. The case culminates a two year legal battle being waged by two families whose mentally disabled family members were shot and killed by O.P.P. officers in two unrelated shootings. Court of Appeal Decision. November 15, 2011 Falconer Charney Press Advisory. November 15, 2011 Families' Factum on Appeal. March 15, 2011 S.I.U. News Release. November 15, 2011 Click here to view factums of all parties & intervenors In the News "Lawyers can't vet officers' notes in SIU cases, court rules." November 15, 2011 "No lawyer vetting of notes for investigations of police court." November 15, 2011 "Ontario top court rules police under SIU probe cannot have lawyer vet notes." November 15, 2011 "Ont. court says lawyers can't help police write notes." November 15, 2011 "Ontario court ruling a win for families of people killed by officers." November 15, 2011 Further Documents on Schaeffer/Minty case
Cornered.. a play about the edges. And justice for levi fundraiser.Please come out and enjoy a thought provoking performance by local writer / performer Gillian Turnham also featuring Michael Morritt and Shannon Culkeen. "As Ramona and her drug dealer stumble togeather into a fantastic elastic sexy game for two, when the very nature of being is cast into question, as they increasingly struggle to find a stable foothold in the territory between fantasy and real life." Dress for the weather this one act performance is outside. Complementary hot tea will be provided. Meet up at Renegade Apparel at 7pm for five nights of performance from Tuesday Nov 2 to Saturday Nov 6. Parking is available in the Fitzgerald fuels lot on Bethune st just south of Hunter St.W This event is pay what you can but we really need to raise a lot of money so we ask that you be as generous as possible. Suggested donation $10.
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WHAT IS THE IDEA??? The Schaeffer-Minty case is a significant and pivitol opportunity to challenge long standing- deeply defended O.P.P. practices of lawyer note vetting and the retaining of the same O.P.P.A lawyer for both subject and witness officers implicated in a Special Investigations Unit investigation. The O.P.P. deeply defends these practices which grievously obstruct the ability of the S.I.U. to explore whether an officer is criminally responsible when their actions have resulted in the severe harm or death of someone.
These practices provide police with impunity from the laws that govern the rest of us and leave families and communites to struggle with the violent deaths of their loved ones while police killers walk free- protected by the blue shield and an unjust legal system. The outcome of this court case will affect the future of every police officer and every citizen across Ontario and indeed will shape the parameters of justice and civil liberties in these strange days to come.
Help send the message that we want Justice for Our Communities; Not Police Impunity.
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