It's one of those things that sounds like a joke, I know, but Facebook was used in Australia to serve a couple with legal papers to foreclose on their house.
This isn't that strange in many ways, because the courts often have rules for service of documens where service in person is impractical or impossible. However, this is definitely the first time Facebook has been used.
This is yet another reason to make your page "private", so that only your friends can see it. Not just anyone else who wants to.
What was interesting is that the lawyer used details (date of birth, hometown etc) to establish to the court that this page belonged to the woman they were looking for. As well, her husband, the other defendant, was listed as one of her facebook friends.
It appears that Australia is a bit more lenient than most places, allowing the use of email and text messages to serve someone. Canada seems a bit more strict, but I have a distinct feeling that this is a growing trend. The increasingly digital world is going to require more and more unique methods for administering justice.
Thursday, January 22, 2009
Monday, January 12, 2009
Khadr Update: His defence(s)
I've been pretty closely following the Omar Khadr debacle and things seem to be getting more and more farcical as the days go by.
There are serious problems with the fact that Khadr is being tried in front of the American military tribunals in the first place. Even President-elect Obama seems to believe that the tribunals are just absurd. They're secretive, closed, and embarassing. In fact, oftentimes the defendant is unable to know the true charges and evidence against them.
As a key example of how awful the process is and just how "fair" a trial it will be, the judge refused to allow photos key to the defence for no clear reason. Apparently, these photos showed that Khadr was under so much debris at the time of the alleged killing of an American serviceman (the main charge against him, it seems) that it would have been impossible for him to have thrown the grenade in the first place. But no one was allowed to see these photos, a decision which has been roundly condemned. So these photos were banned, yet "Interrogator 11", a nameless interrogator, was allowed to testify and claim that Khadr "admitted" to throwing the grenade. Khadr had, by the time of this admission, been held in Afghanistan and already held for a short while at Guantanamo Bay. It is not abnormal for detainees to begin to believe things that are told to them after periods of high stress like this and even falsely confess.
Perhaps the strongest effort in favour of Khadr at this point would be President-elect Obama. He's already committed to closing Guantanamo and will issue the executive order on his first day in office. Now, this may take up to a year or something, but it's a start. Since this is going to happen, it seems more likely that the Canadian government would then be able to repatriate Khadr and try him in Canadian courts.
There appears to be ample evidence against Khadr, and it may very well be that he killed this serviceman, a crime for which he should be punished if true. However, it is imperative that he receive a fair trial with the opportunity to defend himself. Commander Kuebler, his appointed lawyer, has done an admirable job to date. But his hands appear to be severely tied.
The Canadian government has been slow to react so far. The exception is Senator Romeo Dallaire, the former general and hero who did his best to save as many as possible during the Rwandan genocide, and whose vocal opposition of the UN's "do nothing" policy helped bring attention to the crisis. He has frequently called for Khadr to be brought to Canada, and has actually travelled to Washington to petition Congress for this to happen. His main point is a significant one. At the time of the alleged crime, Khadr was 15. Under all conceptions, he would be considered a 'child soldier' and should be treated as such. The Canadian justice system has laws in place designed to help rehabilitate former child soldiers. In this American military tribunal, Khadr is to be tried and sentenced as an adult.
Sadly, the Canadian Prime Minister has publicly supported the military tribunals, despite the fact that several government lawyers have expressed their concerns about it. The Toronto Star has a pretty informative report on this discrepancy.
The Globe and Mail is reporting that Khadr is likely to move out of Guantanamo soon after Obama is inaugurated tomorrow. Remarkably, some scholars are saying that because the military tribunal system is likely to be shut down, a reassessment may suggest that the case is too tainted to continue. In which case, they may try to send him back to Canada.
There are serious problems with the fact that Khadr is being tried in front of the American military tribunals in the first place. Even President-elect Obama seems to believe that the tribunals are just absurd. They're secretive, closed, and embarassing. In fact, oftentimes the defendant is unable to know the true charges and evidence against them.
As a key example of how awful the process is and just how "fair" a trial it will be, the judge refused to allow photos key to the defence for no clear reason. Apparently, these photos showed that Khadr was under so much debris at the time of the alleged killing of an American serviceman (the main charge against him, it seems) that it would have been impossible for him to have thrown the grenade in the first place. But no one was allowed to see these photos, a decision which has been roundly condemned. So these photos were banned, yet "Interrogator 11", a nameless interrogator, was allowed to testify and claim that Khadr "admitted" to throwing the grenade. Khadr had, by the time of this admission, been held in Afghanistan and already held for a short while at Guantanamo Bay. It is not abnormal for detainees to begin to believe things that are told to them after periods of high stress like this and even falsely confess.
Perhaps the strongest effort in favour of Khadr at this point would be President-elect Obama. He's already committed to closing Guantanamo and will issue the executive order on his first day in office. Now, this may take up to a year or something, but it's a start. Since this is going to happen, it seems more likely that the Canadian government would then be able to repatriate Khadr and try him in Canadian courts.
There appears to be ample evidence against Khadr, and it may very well be that he killed this serviceman, a crime for which he should be punished if true. However, it is imperative that he receive a fair trial with the opportunity to defend himself. Commander Kuebler, his appointed lawyer, has done an admirable job to date. But his hands appear to be severely tied.
The Canadian government has been slow to react so far. The exception is Senator Romeo Dallaire, the former general and hero who did his best to save as many as possible during the Rwandan genocide, and whose vocal opposition of the UN's "do nothing" policy helped bring attention to the crisis. He has frequently called for Khadr to be brought to Canada, and has actually travelled to Washington to petition Congress for this to happen. His main point is a significant one. At the time of the alleged crime, Khadr was 15. Under all conceptions, he would be considered a 'child soldier' and should be treated as such. The Canadian justice system has laws in place designed to help rehabilitate former child soldiers. In this American military tribunal, Khadr is to be tried and sentenced as an adult.
Sadly, the Canadian Prime Minister has publicly supported the military tribunals, despite the fact that several government lawyers have expressed their concerns about it. The Toronto Star has a pretty informative report on this discrepancy.
The Globe and Mail is reporting that Khadr is likely to move out of Guantanamo soon after Obama is inaugurated tomorrow. Remarkably, some scholars are saying that because the military tribunal system is likely to be shut down, a reassessment may suggest that the case is too tainted to continue. In which case, they may try to send him back to Canada.
12 hours till inauguration. Then the real work begins, and perhaps the rule of law will make it's way to all those "unlawful combatants" locked away in Guantanamo. Guilty or not, they deserve a fair trial and swift punishment if necessary. But this waiting needs to end.Prof. Forcese says he believes the new administration will review all the
current commission cases to see which can feasibly be completed, and which thrown out. Of the 250 or so detainees in Guantanamo Bay, fewer than 30 face
court proceedings.If Mr. Khadr's case is judged unworthy of completion, it is almost certain that the United States will attempt to send the 22-year-old back to Canada. Mr. Khadr was 15 when he was captured after an Afghanistan firefight, and is accused of throwing a grenade that killed a U.S. soldier.
Prof. Forcese says it would be inconceivable for a Canadian court to try Mr. Khadr if the United States had already decided such a case could not go ahead. But Ottawa could still exert some legal effort to limit Mr. Khadr's liberties. The government could ask a judge to issue a peace bond, which would impose limits on Mr. Khadr.
Tuesday, January 6, 2009
Blagojevich is in deep trouble
I'm assuming most of you have been following the trouble Illinois Governor Rod Blagojevich has gotten himself into. Beyond the politically damaging nature of the scandal, there are also serious legal implications.
There are several questions being raised about the legality of an appointment by the embattled governor. He was arrested for allegedly trying to sell Obama's former senate seat to the highest bidder. However, he has not yet been charged.
During one of the many legal moves, the Illinois Attorney-General filed a motion to strip the governor of his powers. This move is generally reserved for moments when the Governor is incapacitated. AG Lisa Madigan tried to make the argument that the scandal was equal to a health issue, because it also rendered the Governor incapable of carrying out the duties of his office.
This motion was ultimately denied by the court. Rightfully so, the court decided these were not analagous grounds.
Now, Blagojevich has appointed Roland Burris to the seat, and this has met with all kinds of hostile moves. Senate Democrats originally wanted to try and block his appointment, saying he was "tainted" because Blagojevich is under this cloud of scandal. However, several NGOs have filed lawsuits trying to have him seated. The question is, basically, whether the appointment carries legal weight and if it is even possible for other senators to block an appointment.
The matter is complicated by political and racial motives because Burris would be the only African-American member of the senate. But, the matter remains if the appointment follows the rule of law and is therefore unblockable without it being illegal.
[Source: National Post]
Subscribe to:
Posts (Atom)