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Discussion Starter · #1 ·
So let me see, hmmm, “SWAT team trespassed when it forcibly entered Abdulahi Mahamed's home -- guns drawn and loaded-- without a search warrant,” and “police assaulted Mahamed when they wrongfully arrested and handcuffed him”. Right, give the guy a settlement and a talking to about justice and leave him to pay his legal fees?

Justice Canadian style all right. The sheer arragance and stupidity of this judge is astounding.

EDMONTON - An Edmonton Court of Queen's Bench judge has ruled that an Edmonton Police SWAT team trespassed when it forcibly entered Abdulahi Mahamed's home -- guns drawn and loaded-- without a search warrant.
The judge also ruled police assaulted Mahamed when they wrongfully arrested and handcuffed him in front of his wife, children and neighbours as they prepared for his five-year-old's birthday party.
Justice Adam Germain ordered police to pay Mahamed and his wife $11,650 in damages, rather than the $40,000 to $50,000 they were seeking. But Germain told Mahamed, an immigrant who had fled a military dictatorship, that he should be pleased with the Canadian justice system.

"He has had the services of an independent, competent lawyer, and has been able to advance his litigation against the police in court before an impartial judge, not controlled by the police, military or power group, but guided only by the Constitution and the rule of law," Germain wrote in a ruling released earlier this week.
"He has seen that the courts will award damages if they perceive the police to have acted without reasonable justification.


Mahamed said the message this ruling sends to the public is that the courts aren't prepared to grant damages against police that will prevent the sorts of gross abuses of legal rights that occurred in his case.
He said the damages awarded by the court won't come close to covering his legal fees from the three-year court case.

http://www.canada.com/edmontonjourn...=398eb2fc-06c1-48b8-8ac7-e40c77930832&k=81777
 

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A "loser pays" legal system would dissuade poor people from seeking legal remedies for fear of incurring huge legal bills.

If you remove the "costs for legal representation" from the equation, he came out all right.
 

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Yes, MasterBlaster, let's go the route of the American legal system. They have a great country, and you never hear of crazy lawsuits down there.

Oh, and read the article:
Germain awarded no punitive damages because neither Mahamad nor Kolbowicz were physically injured and he found no evidence of either psychological damage or damage to their reputations.
 

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Discussion Starter · #5 ·
Yes, MasterBlaster, let's go the route of the American legal system. They have a great country, and you never hear of crazy lawsuits down there.

Oh, and read the article:
The fact of the matter remains that the man didn't sue for an inordinate amount. $40,000 to $50,000 was very reasonable and the judge should have recognized that. The poor guy sure wasn't trying an American style "get rich quick" approach here.
 
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