[OT] Discussing Byron Sonne's case
William Park
opengeometry-FFYn/CNdgSA at public.gmane.org
Sun Feb 27 06:41:51 UTC 2011
Sure, I'm interested. But, determining who is a member can be tricky.
Do we show our id card at the door? Or, do we do "I know him"?
--
William
On Sat, Feb 26, 2011 at 12:38:32PM -0500, Digimer wrote:
> In light of the recent thread, I wanted to put an offer out there for
> TLUG members.
>
> The publication ban allows for face to face discussion on the case. I've
> traveled as far as Montreal to talk about this case at hacker groups. I
> would like to offer the same to TLUG members now.
>
> Before you come though, be aware of the responsibility of what legal
> obligations you will have under the Canadian law (as I understand it
> being a lay-person, in other words, IANAL).
>
> - Violating a publication ban is a reverse-onus crime. That means that,
> should you be accused of it, you need to prove your innocence.
>
> - The offense is "broadcasting" protected information. In turn, we've
> defined that as anything other that being within the hearing range of a
> person's voice. No smoke signals or above. No private IRC or IM
> discussions, etc.
>
> - The publication ban was requested by the defence and it is allowed on
> simple request because of what can be said by the crown before trial.
> There is essentially no barrier to what can be accused at the bail
> stage, and the bar only moves up a bit at the prelim. The law recognizes
> this and offers the publication ban to protect the accused from
> accusations that are proven false before trial. This has been extremely
> important in this case. All of this protects the tainting of a jury pool
> and protects the accused person's name and reputation.
>
> To have this discussion, it can not be open to the public (that would be
> broadcasting). I would suggest that membership in this list (before
> today) would be a suitable requirement.
>
> If there is interest, let me know. :)
--
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