Wednesday , December 8 2021

The Supreme Court will decide today whether to hear the appeal & # 39; James Forcillo



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Today, it is expected ruling by the Supreme Court of Canada on whether to hear the case & # 39; the police officer & # 39; the former & # 39; Toronto delete Sammy Yatim a road the road in 2013.

Forcillo James was sentenced to attempt & # 39; murder in the death of & # 39; Yatim. He applied earlier this year for his case heard & # 39; in Canada the highest court after the Court & # 39; Appeal & # 39; Ontario unanimously upheld the conviction and sentence & # 39; six years in prison & # 39; May.

The bar to be heard & # 39; appeal to the Supreme Court of Canada is high, and the majority of cases do not meet. F & # 39; in recent years, the court accepted only about 11% of the applications received. Among the requirements is that the case presents a question of & # 39; national importance.

If the Supreme Court agrees to hear & # 39; the appeal & # 39; Forcillo, the legal issues raised by the case are separated in national stage.

If the application is rejected, it will mark the end of & # 39; legal saga that led to the public guise, has a review of the use of police force & # 39; Toronto and saw the attempt & # 39; unprecedented murder conviction – by a jury – a & # 39; officer duty death.

The conviction & # 39; Canadian police officer by a jury will be made in the public memory for several years, Watson said, in & # 39; no small part because "showed that, yes, there is a police responsibility f & # 39; any circumstances. That will come in speech. "

Forcillo ago back in November 2017, after being arrested for breach of bail conditions by moving with his boyfriend when you had under house arrest in & # 39; other place. He later issued a guilty & # 39; perjury because it was located at & # 39; court affidavit lodged to change his address. He was sentenced to six months in prison than his sentence & # 39; six years in the case Yatim.

The police & # 39; confirmed to the Toronto Star this week Forcillo submitted his resignation in & # 39; September. The charges & # 39; outstanding misconduct against at & # 39; link with cut Yatim case now.

Yatim, 18, died on 27 & # 39; July, 2013, after being shot eight times since Forcillo was alone on Dundas streetcar. Immediately before the shooting, Yatim exposed himself and wielded a knife, sending passengers and traffic driver to escape.

Within minutes came on the scene, began to soar in Forcillo & # 39; Yatim, shooting f & # 39; two separate discrete volumes than five seconds and a half. The officer initially shot three bullets, including the fatal shot to the heart & # 39; Yatim, then issued six more as Yatim was on the street floor.

In 2016, a jury found not guilty Forcillo & # 39; & # 39 murders; side b & # 39; & # 39 connection, the first volley of & # 39; shots, but sentenced him & # 39; & # 39 attempts; Killing for the second volley, which then judge called "unnecessary and unreasonable and excessive from scratch".

The attorneys & # 39; Forcillo appealed the conviction to a higher court & # 39; Ontario, arguing in part that the shooting could not be divided into & # 39; two separate charges because it was one continuous event.

They also argued before the Court of Appeal that the sentence & # 39; & # 39 six years; Forcillo – year higher than the mandatory minimum sentence for attempted & # 39; & # 39 with murder, firearms – was unconstitutional. The minimum sentence was never meant to apply to a police officer or someone armed because of their work, his lawyers argued.

The Court & # 39; Appeal disagreed with both points, and raised the argument & # 39; conviction "flawed" because the duty of the police officer carrying a weapon "does not preclude their criminal misuse in & # 39; of & # 39; excessive force scenarios."

On the issue of the separation of the charges, the Court of Appeal found that there was "obvious differences" between circumstances where Forcillo fired the first volley of & # 39; shots and when it made the second, including Yatim who was struck and shot Forcillo second round & # 39; shots.

On request & # 39; their July to the Supreme Court, the attorneys & # 39; Forcillo argued that his case presents an opportunity to re & # 39; to examine the constitutionality of the mandatory minimum sentence for attempted & # 39; murders involving firearms.

Lawyers Michael Lacy, Joseph Wilkinson and Bryan Badal also argued that Crown prosecutors established beyond a reasonable doubt that the volleys of bullets of & # 39; Forcillo not just one continuous event.

"While the circumstances may be unique, the conviction & # 39; Forcillo raises fundamental questions about the necessary elements that the Crown must prove to condemn the accused b & # 39; attempt to commit an offense where m & # 39 ; there is no problem that the offense has been completed ".

"The case at bar raises a point & # 39; interesting and important law."

With files from Star staff

Wendy Gillis is a reporter based in & # 39; Toronto covering crime and the police. Nilħquha by email or on [email protected] segwiha on Twitter: @ wendygillis

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