As a legal matter the charges seem sound. The fact a crime was committed against him does not impact on any crime he might himself commit.
But there is something known as prosecutorial discretion. It is not political and the government has no say in it -- it is a question of the Crown's professionals deciding whether a prosecution serves the interests of justice.
Here, I think, the discretion should be exercised to stay the proceedings. Chen's arrest and charges are seen as racist and unfair -- they do not promote justice and may lead to self-help (don't call the cops, just catch shoplifters, beat them up and release them).
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
2 comments:
Couldn't agree more, but for some reason the Crown seems intent on "sending a message" in this case. I can't imagine this sort of "crime" is happening every day on Toronto's streets, thus demanding such action.
I disagree, mostly because of this.
Last spring, a young worker, Grant DePatie was killed in Maple Ridge while trying to prevent the theft of gasoline from the gas station where he worked.
Untrained professionals should not be encouraged to act as law enforcement officials no matter how frustrated they are. The charges should stand. Where any leniency should be shown is with the sentencing.
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