"Cowardice asks the question...is it safe? Expediency asks the question...is it politic? Vanity asks the question...is it popular? But conscience asks the question...is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular but one must take it because it is right." ~Dr. Martin Luther King

Wednesday 18 December 2013

An Unlikely Story

I've always  known I would tell this story. I never knew when. It's not really mine to tell.

So it has to be slightly obscure.

A youth with a friend , partied in Newmarket. At the end of the evening, they called a taxi for the ride home to Aurora. Neither had cars, so it wasn't a matter of choice or judgement.

Waiting for the taxi, they were joined by three other youths who asked if they could share the cab home.

On arrival at destination, the three jumped out  and  ran without paying their share.

The friend ,seeing what happened, thought he ought to take off as well.


The fifth ,drunk as a skunk ,groping in tight  jeans pocket for what he knew was enough to pay his share, was left  swaying on his feet.

The fare was $11. He had $7. He decided  he'd better run.

He fell.  Got  kicked in the side of the head, in his ear.  steel toed boots, by cab driver  and dragged back to the cab where call placed to York Region Police.

Police  arrived. He was shoved into the back of the police car.

Youth charged with  intent to commit fraud.

Fraud is an indictable offence , meaning it carries  the penalty of  a jail sentence and a record.

Parent ,finally informed ,seeks  legal counsel.

Lawyer's office , painted dark green. Hunting prints on  wall.  Lawyer in tweeds ,pince nez,short beard neatly trimmed and  desk lamp with green shade on impressive leather -topped desk.

Queen's counsel.

Lengthy conference. Strategy outlined . Separate the friends.  Seek a  different judge's court. Knows the judge. Plead leniency for first offence. One and a  half hours into conference,  no fee cited. But preparation  continues.

Finally .....fee cited.

High. Even  without  knowing how time passes in a court room. Fee exorbitant. Added to the certain  knowledge  that whatever the offense to be defended .....it was not fraud......Intent to commit  requires  competence.

Being drunk eliminates the possibility.

Another lawyer consulted.  Answer sought to question. Police officer responsible for  the charge. Crown attorney responsible for prosecution.

At what point does  C.A. examine evidence and determine charge  can be successfully prosecuted.?

Lawyer swings  chair around to face wall lined with law books as though seeking the answer,

"Good question" he responds .   but does not answer.

Fee is  a third of Queen's counsel.

First day in court, nothing  accomplished Previous case went  overtime. Judge decided too late to start
new case. Wags finger sternly at miscreant youth and warns him to be in court promptly  at the precise time ,on the  following day...like failure to proceed on appointed day is youth's fault.

A day's  pay  and lawyer's fee  out of pocket and  little assurance  the  process will not be repeated.

Time spent watching  court proceedings  revealed another  being represented by  agent.

Parent decides to  act as agent.  Youth informs  C.A. In turn C.A. informs Judge of wish to  dismiss
legal counsel and be represented by agent.  Stern Judge indicates  youth should make the request himself.

Agent visits CA 's office; request to see charge.

Refused.

Visits police station, requests to see  charge..

Refused.

Visit with Police Chief. Assured  of unlikelihood of  jail time due to first offence.

To cut a  very long story shorter,  parent defends youth  against charge of fraud.

Cites  definition of the crime of fraud straight from law books in the  library on the top floor of the almost new court house.

Stern lecture yo youth from judge about bad behaviour being a problem for society , but not fraud. Charge dismissed.

Parent leaves court house not proud of youth.

But  also less than impressed  by  behaviour of  individuals consulted   with objective of obtaining  a correct ruling on a wrongful charge.

Sequel!  information  provided not previously confided.

In the police car , with his ear bleeding, youth informed  officer of intent  to file assault charge against taxi driver.


Officer  advised he could not do that.

Youth informed officer,  parent would not be pleased  about that.

Further inquiry resulted in car  parked and further beating .

Between night and morning , the charge was changed from  minor  to  an indictable offence  with possibility of jail time or at very least a record.

With a friend ,he hired a cab. He had his share of the fare. He was most inebriated.

Guilty of nothing but  severely impaired judgement.

Certainly, in accordance with evidence, not capable of a plan to commit fraud.

Moral of the story. If your kid gets in trouble. Remember...Remember....  possibility is more real than apparent

Listen to what he tells you.

No matter how incredible it  may seem.

5 comments:

Anonymous said...


This could be turned into a local "To Kill a
Mockingbird."

Anonymous said...

Your experience in the court house has created an even better writer. If there were spelling errors, I didn't notice them.

Anonymous said...

The bottom line is that the cops involved probably just forgot about the incident, /no accountability. Serpico got it right years ago.

Heather said...

I have heard parts of this story before and I still find the whole thing incredible.

Anonymous said...

Canadian Press
" Supreme Court rules against police practice in note-taking case "
This signals that policemen will not longer be able to consult their lawyers BEFORE preparing case notes on an incident.
The decision was not unanimous.