Martel D. Popsecul, Chief Justice
Presiding over the R. vs. Stanley Trial 

The following Charge to the Jury by Chief Justice of the Court of Queen’s Bench for Saskatchewan, the Honourable Martel D. Popescul, is likely the most reliable document yet published providing insight into the R. vs Stanley trial.

(This post outlines my analysis of why I think the Chief Justice led the Jury directly to a finding of not guilty. It was not a directed verdict in the usual sense, but his words had the same effect.)

And, in those words, all 11,000 of them, the Chief Justice attempts to summarize every aspect of the trial as well as the law governing the charges.  It took the Chief Justice just over one and one-half hours to read his document in court with copies then supplied to the Crown and defence as well as to each juror.

In the copy below, those parts which, in my mind, inexorably led the jury to conclude that Gerald Stanley was not guilty on all counts, are highlighted.  There is little doubt the majority of jurors would have found some parts of the summary so complicated as to render them nearly useless in their deliberations.

Having spent thirty years in law enforcement and a further twenty-five reading and writing about various law enforcement issues, I have some degree of understanding of these complex issues, but even at that, I found some sections of the summary tough slogging.

The jury, on the other hand, deliberated a mere fifteen hours before reaching a ‘not guilty’ verdict on all counts.  Fifteen hours is scant time to consider the various pieces of physical and verbal evidence presented over the two-week trial let alone give full consideration to the details provided in the Judge’s Charge to the Jury.

The jury was made up of random citizens selected from the community and while the process was random, many who have experience with law enforcement (police members active and retired, lawyers and judges, as well as a myriad of others involved with the criminal justice system) would have been removed from the jury pool. This is routinely done to remove any suggestion of bias.  Additionally, “pre-emptive” removals can be used to remove others that either the Crown or Defence think may not be impartial. It was by that process Defence Counsel removed all aboriginals from the jury.

As for the those selected, most are unlikely to have had any experience with jury duty and, before selection, will have been exposed to considerable information about the killing which led to the charge. Given the role played by ‘confirmational bias’ in the lead-up to and during the trial, the Judge’s charge seems the best source for an unbiased view of the case. Or was it?

While the Judge read his comments to the jury before handing them a copy, it is hard to rationalize how, in 15 hours of deliberation, the jury could absorb the complicated issues to a degree that would allow them to render an informed decision.  Because jury deliberations are secret, we shall never know exactly how they reached that verdict in such short order.

If you have the time and inclination to read the Judge’s words to the jury, you may or may not come to the same conclusion I have about a clear path being set out for them to render a ‘not-guilty’ verdict on all counts.

In the following copy, I have separated the ‘Charge to the Jury’ into several parts for easy reference and have highlighted some comments in bold (those I consider important) and in yellow, as ‘very important’.  In addition, I have made a few short comments on some numbered sections.

Before presenting the complete text of his remarks, I will submit the thread comments the Honourable Justice, made that I think pushed the jury towards a finding of ‘not guilty’ on all counts.  The fact the jury deliberations took less than two days suggests the Jury had likely made up their minds very early in the process.

Harold McNeill (Det. Sgt. Retired)

Note: Here is a short discussion along with related links regarding the rights and responsibilities of private citizens to use firearms as a means of Protecting Life and Property. 

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How to scratch open a jail cell.

At 2:00 am Sunday, or at that time any other day of the week, Greater Victoria was known as the land of “Newlyweds, Nearly Deads.” As traffic thinned during those early morning hours, the hum of the tires on a car traveling at high speed could be heard for miles. On this morning, the hum was that of an early 1960’s Oldsmobile, a machine having witnessed better days, as it sped East along Pandora, then onto Oak Bay Avenue.

The four young men inside were still hooting and hollering after partying late in one of the downtown clubs. They were now heading home to Gordon Head but having missed the Fort Street cut-off that would have taken them to Foul Bay Road then north, continued East along Oak Bay Ave. All had been drinking heavily and had no particular purpose in mind other than getting home to continue the party.

As they approached Foul Bay Road someone hollered: “Hey man, ya gotta turn here!” However, speed and distance would soon become limiting factors given the tank in which they were riding. The driver, his sense dulled by alcohol, braked heavily then cranked the wheel hard left. As momentum and weight took over, the tires broke away in a wide yaw that led first to the sidewalk, then to West wall of Frost’s corner store.

Photo (web) A 1960’s style Oldsmobile, 4-door.

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 Annual Awards Night Photos
Expedia CruiseshipCenters, Sidney
Saturday, January 6, 2018

A fun time for everyone at the McTavish Academy when Elaine Kirwin, owner/manager of the Sidney based agency, hosted her Annual Expedia CruiseshipCenters Awards Event. With Bronze, Gold, Silver, Platinum, Ruby and Diamond awards being handed out, there was plenty of buzz about the successes of 2017 and what’s in store for 2018. With two men now counted among the crew of twenty-five, it seems the reverse glass ceiling was finally breached.

Elaine (photo right) has much to be proud of, as over the last two decades she has built a skilled team of Travel Professionals, and this has led to the agency receiving several Provincial and National Awards for Service Excellence and Achievement.

The awards include two National Awards, as well as being #1 in Western Canada for Uniworld Boutique River Cruises; and in the Top 3 in Western Canada, for the past five years, with Premier Ocean Cruises – Holland America and Celebrity;  and Scenic River Cruises. For a small agency, these are noteworthy achievements.

As part of the festivities, John Lovel (left), a representative with Emerald Cruise Lines, and Elaine handed out several gifts during the fun and games held after dinner. The competition for prizes was stiff with ties broken during the no holds barred, “rock, paper, scissors” playoffs.

Many thanks to Elaine, her daughter Katie and the catering team from the Airport Spitfire Grill for tasty appetizers, meal, fine wines, and cold beer.

A photo album of the evening’s events is linked here: Awards Night

Cheers,

Harold

Notes:   I didn’t manage to get a photo of everyone with their award. If you have a photo(s) you like me to add, please send by email to: lowerislandsoccer@shaw.ca or pass along to Lynn.  H.

You may link into other travel background stories posted by Harold and Lynn on our McNeill Life Stories Facebook Page.   The photo albums will usually provide a link to the background story.   H.

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Climate Change, Ground Zero: April 21, 2018
The day the taps will be turned off in Cape Town, South Africa.
(Photo album of Cape Town)
(Jan 28, 131)

As we arrive in Cape Town, South Africa, a Metropolitan area of 3.7 million, a large sign at our airport advised the city was experiencing a severe drought and while the sign urged us to conserve, the welcoming nature of the sign did not impart the notion of just how critical the situation had become.

Photo: This was the sign. Perhaps a photo of the Cape Reservoir (above), along with a hard message might have had more impact of just how critical things are now, not years from now.

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This index will be completed in January 2018.  Here are the first five which includes a short history for Laura Isabel Skarsen (McNeill)(Wheeler).

Link to Part 1 A New Beginning 
Link to part 2 The Early Years
Link to Part 3 The Young Woman
Link to Part 4 A New Beginning
Link to Part 5 The Final Chapter

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A Favourite Painting of Linda

A very happy birthday to our longtime friend Linda Simonsen as she now joins those of us who now occupy that amazing seventh decade of our lives.  It is a time to reflect upon all the good times we have shared with those who have been near and dear to us over the past several decades. (A Video Link is provided in the footer)

To provide a little perspective on how things have changed since Linda landed at her parents home in 1947, have a peek at the cost of a few key items as well as a few of the major events that took place in Canada in that year.

Average Cost of new home, $6,600.00
Average wage per year, $2,850.00
Cost of a gallon of gas, 15 cents
Average cost of a new car, $1,300.00
A loaf of Bread, 13 cents  
A Man’s Sweater, $8.50 
Bulova Watch, $52.50
Two cans of Heinz Cream of Tomato Soup, 23 cents 
Leg O Lamb, 59 cents/pound 
Loaf Marvel Enriched Bread, 13 cents 
Dozen Oranges, 49 cents

And a few events that made the news in that same year.

January 1 – Canadian Citizenship Act 1946 comes into effect.

January 2 – Dominion of Newfoundland (later a province in 1949) switches to driving on the right from the left.

January 27 – The cabinet order deporting Japanese-Canadians to Japan is repealed after widespread protests.

February 13 – Oil is discovered near Leduc, Alberta.

May 14 – The Chinese Immigration Act of 1923 is repealed.

June 15 – The laws limiting Asian immigration to Canada are repealed; Canadians of Asian descent are allowed to vote in federal elections.

July 22 – Two new nuclear reactors go online at the Chalk River research facility.

September 30 – The last group of personnel who had been on active service, for World War II, since September 1, 1939, stood down.^[1]

October 1 – New letters patent defining the office and powers of the governor general come into effect.

December 29 – Boss Johnson becomes premier of British Columbia.

Stephen Leacock Award: Harry L. Symons, Ojibway Melody.

The Federal law was changed such that Canadian women no longer lost their citizenship automatically if they married non-Canadians.

Now, sit back, take a few minutes to listen and watch as a few snippets of Linda’s life flow by as Joan Baez sings Forever Young, Louis Armstrong, What a Wonderful World, and Randy Newman, You’ve Got a Friend in Me.

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This post is created from an interview with RCMP Assistant Commissioner James Malizia (file photo above) as published in the National Post (front page) June 7, 2017. (Link here).

The following National Post article is only modified by replacing the word terror with the word crime.

Making this simple change leads to an entirely different perspective in the article. To my mind, it suggests everything the Assistant Commissioner had to say about terror serves only the interests of the RCMP and other security agencies and not the interests of the general public.  It’s a means to build the budget to build the agency.

As background, in 2015 (the most recent year readily accessible when this article was written) there were over 380,00o violent criminal acts in which 605 people were murdered, with attempts being made to murder a further 774.  Over 200,000 reported aggravated sexual assaults (this does not include other aggravated assaults), with 22,000 reports of robbery and 3,500 reports of abduction.

When these real-life criminal cases, which present a clear and present danger to Canadians, is cast against the almost negligible possibility of a terrorist act, it makes it seem as if the Assistant Commissioner has no concept of how trivial his suggestions are. Why not early intervention (with youth) when it involves the potential of becoming a criminal?

Statistical Source: Canadian Criminal Crime Statistics 2015

Asst/Commissioner Malizia on Early Intervention being the key:

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May 19, 2017: Party goers celebrate after spending an hour in the Art Room at the McTavish Academy after completing a group art session with Harry Fowler, the Director of Art.

A rocking good time was had at Lynn’s 65th held at the McTavish Academy of Art on McTavish Road in North Saanich. While Lynn probably expected a little something for the special day, an earlier lunch at the Prairie Inn with a half dozen former police buddies and their wives, likely threw her off a tad. To complicate things for Lynn, the Academy event everyone wore a New Orleans style as part of the evening’s festivities.

For those who didn’t catch the words to “When I’m 64”, here is the Lynn McNeill Birthday Party version:

VERSE I (Begin)

When I get older losing my hair, Many years from now? Will you still be sending me a Valentine,
Birthday greetings bottle of wine
If I’d been out till quarter to three, would you still let me drive? Will you still need me, will you still feed me,
When I’m sixty-five.

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