Violent police 'home invasion' leads to $66K bill for victims

[tay]

Two siblings are speaking out for the first time about how Halifax police "invaded" one of their homes in the middle of the night, then assaulted him as he tried to protect his sister from getting seriously hurt.


"I was fearful for her life," said Bishop, a GM salesman. "I was watching them pick her up and drop her face on the floor. She was crying."



"Absolutely unreal," said Cirbie Bishop, 31. "Under no circumstances would anyone ever believe that two police officers could just enter your home illegally and do that to you."


One of the officers, Const. Jordan Gilbert, was later sanctioned for illegal entry and assault, after a decision by a police complaint review board. But he was never criminally charged and he kept his job.



The Bishops, who had never been in trouble with the law before, said they are left with $66,000 in legal costs, which the municipality refuses to cover


A judge already ruled the Bishops’ legal fees aren’t recoverable, because of legal precedents, which leaves them only able to claim for damages.


"I didn’t want to spend six years of my life fighting this. I just wanted my money back because it was proven that they entered that house illegally, meaning I should have never had to put that money out to begin with," Cirbie said.




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Violent police 'home invasion' leads to $66K bill for victims - Nova Scotia - CBC News

 

[Cannuck]

I'm sure there are a few people that will support the cops on this one as well

 

[Goober]

Police and City are wrong on this, but where did 66 k damages come from.
Then we will always have those that hate Police.

 

[JLM]

I'm sure there are a few people that will support the cops on this one as well

I can certainly see why you would be one of them, like you did with Geoff Mantler!

Geoff Mantler, Kelowna RCMP Officer, To Be Sentenced For Assault

 

[petros]

Police and City are wrong on this, but where did 66 k damages come from.
Then we will always have those that hate Police.

Lawyers according to the article.

 

[Goober]

Lawyers according to the article.

Guess they recieved bad advice then.

 

[petros]

Guess they recieved bad advice then.

A jaded Crown.

 

[JLM]

Guess they recieved bad advice then.

The first thing to strike me is did the bill suddenly get to $66 grand?

 

[Goober]

A jaded Crown.

Case law. They was not the first to go after the Police-City.

 

[petros]

Case law on damages but no cops were charged. If they were charged the damages would have been applied.

 

[Goober]

Case law on damages but no cops were charged. If they were charged the damages would have been applied.

So bad legal advice.

 

[petros]

How so?

 

[Goober]

How so?

No charges, no proof, no standing.

 

[petros]

The proof is there, just a sh-tty Crown who favours pigs.

 

[Goober]

The proof is there, just a sh-tty Crown who favours pigs.

They could have bypassed the Crown.

Private Prosecutions - Ministry of the Attorney General

Generally, allegations of criminal activity are reported to the police. After the police investigate, they may lay criminal charges. However, anyone who has reasonable grounds to believe that a person has committed an offence may lay an information in writing and under oath before a Justice of the Peace.
When the information is presented to the court by a private citizen, it is then referred to either a provincial court judge or a designated justice of the peace, who holds a special hearing. The purpose of the hearing is to determine whether a summons or warrant should be issued to compel the person to attend court and answer to the charge.
This hearing, held under s. 507.1 of the Criminal Code, takes place in private, without notice to the accused person. At the hearing, the judge or justice of the peace must hear and consider all of the allegations and available evidence.
The Crown must also receive a copy of the information, get notice of the hearing, and have an opportunity to attend. The Crown may attend at the hearing without being deemed to intervene in the proceedings.

 

[petros]

That is still going through the Crown.

 

[Goober]

That is still going through the Crown.

To the Judge or the JP- Crown can attend if they wish

To avoid any abuse of the private prosecution process, the Criminal Code and the Crown Attorneys Act authorize Crown Counsel to supervise privately laid charges to ensure that such prosecutions are in the best interest of the administration of justice. If a summons or warrant is issued and the case involves an indictable offence, the Crown is required to take over the prosecution. So, a private citizen's right to swear an information is always subject to the Crown's right to intervene and take over the prosecution.

 

[petros]

To the Judge or the JP- Crown can attend if they wish

The Crown has to. Same goes for when the cops charge somebody. It all goes to the Crown.

 

[Goober]

The Crown has to. Same goes for when the cops charge somebody. It all goes to the Crown.

If the Judge- JP detemines a charge is to be laid, the Crown can.... I addded the below in my other post while you had posted

To avoid any abuse of the private prosecution process, the Criminal Code and the Crown Attorneys Act authorize Crown Counsel to supervise privately laid charges to ensure that such prosecutions are in the best interest of the administration of justice. If a summons or warrant is issued and the case involves an indictable offence, the Crown is required to take over the prosecution. So, a private citizen's right to swear an information is always subject to the Crown's right to intervene and take over the prosecution.

 

[petros]

Their lawyer went the right route. This is clearly a case of the pigs being afforded a pass even though their actions were criminal. That sh-t has to stop.