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A just result
Re McLachlin Misses The Mark With Sexual-Assault Comments (Nov. 1): David Butt's attempt to criticize Chief Justice Beverley McLachlin fails to lay a glove on her central point – that a criminal trial is not a contest between two people, to be determined on the basis of whether something "probably" happened.
Unlike a civil proceeding, which is geared toward determining which side of the story is more likely to be true, the liberty of the accused is at stake in a criminal trial. A complainant in a sexual assault case is therefore entitled to no more than the accused – a just result. Only after the prosecution has satisfied its burden of proving a case beyond a reasonable doubt can the accused justly be branded a criminal and deprived of liberty.
Experience should teach us that the impulse to convict in order to vindicate an alleged victim is a recipe for wrongful convictions. Similarly, social media campaigns and hash tags espousing a presumption of believability have no place in the administration of criminal justice. The point the Chief Justice was making is that we cannot afford to dilute fundamental principles of law that are the cornerstone of our just society.
Michael Lacy, president, Criminal Lawyers' Association
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One has to be careful about commenting on a speech one has not seen nor heard in full, but I do agree with the thrust of David Butt's comments. I am, however, as concerned about the frequency of sexual assaults as I am about the disposition of such cases.
Given the acknowledged difficulty parents have with sex education, we should, at a minimum, put up a better fight for its inclusion in school curriculums, and generally try harder to examine the roots of this horrendous conduct.
Finally, the difficulty of proving the crime beyond a reasonable doubt should lead the legal profession to encourage more civil action, a setting in which proof is on a balance of probabilities.
Romain Pitt, retired judge of the Ontario Superior Court of Justice, Toronto
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David Butt admonishes Chief Justice Beverly McLachlin for "finger-wagging," then spends some 700 words doing precisely the same. Everyone would like improvement in sexual assault prosecution: What concrete ideas exist for achieving this?
Mr. Butt says "nobody seriously suggests" we assume guilt without considering the balance of evidence, but that is precisely what many advocates want. If advocates have ideas on how to improve things, let's hear them, without the moralizing from any side. Abandoning the criminal justice system because it sets a high bar for conviction is certainly not going to improve matters.
Christopher Price, Toronto
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David Butt asks how do we "dramatically – yet fairly – improve sexual assault outcomes?" He might just as easily ask how do we dramatically – yet fairly – improve murder outcomes. On the evidence, that's how.
Catherine Sinclair, Thornbury, Ont.
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It is not retiring Chief Justice Beverley McLachlin who missed the mark in making observations about the current debate about sexual assault. She was explaining to a wider audience a basic principle of civics: No one who goes to court is entitled to the outcome they desire. This is a feature of fairness, not oppression.
The point bears repeating, as the fixed outcome is a central tenet of those who think the criminal law will solve the pernicious social problem of sexual violence by convicting more defendants.
Frank Addario, lawyer, Toronto
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Pole-dancing podium
Re A Guide To What Is And Is Not A Sport (Oct. 27): Cathal Kelly articulates well the struggle courts and governing bodies have in defining sport. The European definition, referenced in the European Court of Justice's decision that bridge is not a sport, relied upon the notion that sport should involve "a not negligible physical element."
What Mr. Kelly didn't mention – his keyboard might have caught fire had he done so – are the efforts to make pole-dancing an Olympic sport. The Global Association of International Sports Federations has now provisionally recognized pole-dancing as a sport and given its governing body observer status. In so doing, the GAISF recognized that sport is constantly evolving and mirrors the world in which we live.
Sport in the 21st century will look nothing like the Corinthian-styled Games that Pierre de Coubertin ushered in at the Athens 1896 Olympics. To quote Bachman Turner Overdrive, "You ain't seen nothing yet."
We all better get used to it.
Jon Heshka, associate professor of sports law, Thompson Rivers University
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Conflict loophole
Re Time To Plug The Conflict Loophole (editorial, Nov. 1): It would have been a futile effort to remove Bill Morneau's potential conflict as Finance Minister by placing his shares in a blind trust. It's not blind if he knows what's in there. He would have had to sell his shares and have someone blindly reinvest the proceeds in other investments within the blind trust.
If I had built up significant net worth in my family business, I'd be reluctant to sell my shares and have someone invest the funds in other financial instruments, with no input from me. This would be a significant disincentive to my running for public office. Surely we want a successful business person taking charge of our country's finances.
Donating the $5.3-million he has earned from shares in his family business since he was elected is a reasonable response to his conservative critics.
Al Woolnough, Collingwood, Ont.
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I remember the advice I once heard: "Your reputation is everything. Make sure you never do anything to tarnish it."
It would seem that Bill Morneau never heard this. Now, he is spending $5.3-million to try and get his reputation back.
Sorry, Bill, it's too little, too late. It seems money can't buy everything.
Rodger Shortt, Oakville, Ont.
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Any way you slice it
Re Watchdog Probes Grocery Sector Over Alleged Bread Price Fixing (Nov. 1): Why is the competition watchdog concerning itself with bread, when the gouging of the Canadian consumer on dairy prices has been a decades-long scandal?
David Smith, London, Ont.
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It's reassuring to know that Canada's trusty watchdogs can turn their attention to the price of bread – having dealt with anti-competitive practices in our marketing of alcohol, dairy, poultry and eggs.
Eric Pugash, Vancouver
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As long as it takes
Re Slow Me The Way (letters, Nov. 1): Why does everyone want everything to go fast? Sometimes the sports we watch are chosen because they give us a break from the helter-skelter of our lives. I abhor the shootouts and abbreviated extra time in hockey and football. Play baseball the way it was designed – a fight to the finish. I've got the time.
Ken Duff, Vankleek Hill, Ont.
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A rood awakening
Re Travellers In Search Of Tranquility Find Solace In The Society Of Dead Poets: Before reading your Tuesday Travel feature, I had often heard and read of Holy Fools – but how glorious to find mentioned the Church of the Holy Rude. The Fools' coarser cousin?
Mary Millar, Kingston