Douglas Hales: (Saskatchewan): Mr. Big case. Extraordinary situation: The Supreme Court of Caadfa decision severely limiting the admissibiity of "Mr. Big" confessions was released while he is awaiting the verdict in his case. Now he is returning early to court next week for directions from the trial judge. StarPhoenix.

STORY: "Hales returning to court early after Supreme Court's Mr. Big ruling," by reporter Hannah Spray, published by the StarPhoenix on August 6, 2014.

GIST: "Douglas Hales will be back in court ahead of schedule next week so lawyers and the judge in his trial can discuss the implications of the Supreme Court of Canada’s ruling on “Mr. Big” stings like the one that led to his arrest. “We’ll be seeking some direction from the court and offering some suggestions as well,” said Hales’s lawyer, Bob Hrycan. Hales is awaiting Justice Gerald Allbright’s verdict in his first-degree murder trial, after evidence and arguments concluded at the end of June. Hales is accused of killing Daleen Bosse, a 26-year-old married mother and university student, in May 2004. He was charged after he led police to the site of Bosse’s remains during a “Mr. Big” sting, where undercover officers posed as members of a fake criminal organization in order to gain his trust and elicit a confession. That technique was the focus of a landmark ruling last week from the country’s highest court in the case of Nelson Hart, a Newfoundland man who confessed during a Mr. Big sting that he killed his daughters. The Supreme Court not only threw out Hart’s confession, but also addressed Mr. Big stings in general, ruling all such confessions must be presumed inadmissible in court unless a number of tests, also set out in the ruling, are met.........Crown prosecutor Matthew Miazga said the situation — the Supreme Court decision on Mr. Big stings coming down after Hales’s trial was over but before there’s a verdict — presents an “unusual set of circumstances.” It’s possible Justice Allbright might want the Crown and defence to make more arguments before he makes his decision, in light of the framework set out by the Supreme Court, Miazga said. “We have to address the case,” he said. “I think the court will expect the Crown and defence to make arguments in light of the Supreme Court decision.” It’s also possible the defence will bring an application forward addressing the Supreme Court ruling, but Hrycan declined to comment on anything specific. Speaking in general terms about Mr. Big cases, the ruling “changes everything,” Hrycan said. “It changes the entire approach to the cases, these types of investigations and how the court looks at them.” Hrycan said he’s been researching, trying to find similar situations of high court rulings coming down in the midst of trials, but this set of circumstances is unique — particularly with the Supreme Court establishing a new “common law rule of evidence” declaring Mr. Big confessions presumptively inadmissible. “There’s no situation that comes close in terms of legal precedent,” Hrycan said."

The entire story can be found at:

http://www.thestarphoenix.com/news/Hales+returning+court+early+after+Supreme+Court+ruling/10095602/story.html?__federated=1

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog; 


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