The big story isn’t that Omar Khadr was granted bail (now under appeal). The story that many missed is that the lawyers for the government opposing his bail application simply did not present opposing evidence or contradict many of Khadr’s arguments.

For example, to win on bail pending appeal, the prisoner has to show that his/her appeal or application for leave to appeal is not frivolous (i.e.: their main case has a chance of success). Khadr’s lawyers produced experts in the field of the Military Commissions Act of 2006. They (Professor Glazier and Professor Solis) said that Khadr’s position on the merits of the appeal is “correct in law”. The government presented no evidence or expert opinions of their own to contradict it.

As a result the judge found (as she only could with no opposing evidence from the government), that “his appeal is not frivolous. The Respondents [government lawyers] do not suggest otherwise.”

Next is whether someone is a flight risk - will they flee the country or not show up for trial. Here is what the bail judge said: “The [government] does not take issue with [Khadr’s] position that he will surrender himself as required.” So again, no argument from the government that Khadr will flee or not show up.

Likewise regarding one of the other key tests for bail - risk to public safety. Each side is obligated to present evidence that shows release on bail could constitute a risk to the public.

Again, the bail judge summarizes the evidence presented by both sides:

“The Applicant argues he is a low risk to public safety and that his appeal in the United States has faced an indeterminate delay. He submits that that a failure to grant pre-appeal judicial interim release will make his strong appeal nugatory. The Applicant has provided affidavit evidence that he has been entirely cooperative and a model prisoner during his detention by United States and Canadian authorities, that he has strong community support, and is therefore a low risk to public safety. The Respondents do not challenge this affidavit evidence.”

Note that the government lawyers “do not challenge this affidavit evidence.”

So the government lawyers didn’t argue or present any evidence that Khadr (a) didn’t have a reasonable chance of winning his main appeal; (b) that Khadr wouldn’t show up; or © that he was any risk to public safety.

Instead, they tried to argue that Canadian law - including his right to fundamental justice under the Charter of Rights and that most ancient human right in British jurisprudence, habeas corpus - didn’t apply to Omar Khadr because of our treaty with the USA. The bail judge spent a lot of time discussing the interplay between international treaties and Canadian domestic law - including our Criminal Code bail provisions, the Charter and pre-Charter habeas corpus rights - and concluded that these rights apply in Canada.(Thank God.)

With all their eggs in this basket, and not bringing any other arguments to the table, the government lost. Harper has already said he’ll appeal, but odds are very good he’ll lose. It is a tight and well reasoned bail decision. And as the government didn’t present any evidence regarding public risk, possible ultimate success or flight risk, it can’t reopen them on appeal.

Those who now bitterly complain that Khadr is a danger to the public should remember the Department of Justice lawyers under the direction of Harper never argued that he was a danger and didn’t present a shred of evidence at the bail hearing that he was, or that he didn’t have a good legal case that he would be ultimately released on appeal as others have in challenging the legal validity of his conviction under the Military Commissions Act of 2006.

None of this goes to what actually happened when he was 15. It merely affirms a legal reality more important than any individual like Khadr - the law has rules that must be followed to the benefit of us all, and the government must always argue and prove its case against any person before they can keep them in jail and throw away the key. That basic principle protects us all, whether it is you, me or someone like Omar Khadr.

Read the full bail decision here:http://www.canlii.org/en/ab/abqb/doc/2015/2015abqb261/2015abqb261.html

anonymous asked:

Sorry, but Shelley (theflyingwonder) mentioned that you had better ideas for how Dick Grayson should have died in Injustice? #StillCryingAboutTheFuckingRock2k15

Hi, I was talking about it to cakechoz just yesterday

uh well it started with one idea

(note Shelly’s sadistic excitement over the idea)

Alright, so keep in mind that I’m not a good story teller.

Well it starts where Damian injured Dick. I didn’t think about it thoughtfully but the idea was to have Damian do something like going for the kill on a criminal and Dick interposing himself to protect them from Robin. Would it work? Like Damian sees a criminal injure someone (why not Dick himself) and Damian, enraged, goes to kill them only to realize that he injured his brother even more badly. Thus making it his fault in Robin’s eyes but maybe not Batman. Or not to the point of rejection at least.

 Anyway, Nightwing is fatally injured, they barely save him, Dick goes into a coma that no one expects him to wake up from and is on life support. 

After some time everyone came to accept the idea that it’ll be better to let Dick go, besides Bruce who stubbornly believes that he’ll find a way to bring him back (be in his place, Bruce has seen so many impossible things being realized…).

But Damian, who’d rather let Dick be in piece instead of forcing him to keep on living artificially decides to take a big decision and unplugs Dick’s life support. It might seem a little harsh but imagine Damian seeing Dick (who was his mentor, first friend, and moral compass, a man he deemed worthy of his father’s legacy, one of the things the most valuable to him) isn’t ever going to wake up again and wasn’t even given the death that’ll liberate him. I had the idea of him saying something like “You refuse to kill, even if that means liberating someone you love of an endless suffering.”

Maybe me and theflyingwonder‘s rumbling about that subject might explain it better (because shelly is better with words)

*preceeds to paste the whole conversation*

Anyway, so that’s it. Hope you like it, or if you want to discuss it, come to me anytime, I really really love talking about these kind of things. 

“But it is not enough for me to stand before you tonight and condemn riots. It would be morally irresponsible for me to do that without, at the same time, condemning the contingent, intolerable conditions that exist in our society. These conditions are the things that cause individuals to feel that have have no other alternative than to engage in violent rebellions to get attention. And I must say tonight that a riot is the language of the unheard.” -MLK.

Listen

If you’re a white person saying shit like “don’t fight violence with violence” at a time like this, seriously go fuck yourself. How dare you? How dare you in light of YEARS of systematic oppression tell a black person that they shouldn’t be angry? that they shouldn’t want the dehumanization of their people to end? Save your one-lined MLK reference because you’ve clearly never read the speech in its entirety OR anything else he’s written. This nation wasn’t founded on peace. It was founded on bloodshed and injustice and if you think for a second that Black people don’t have a right to be angry about their brothers and sisters dying from simply existing, YOU are a part of the problem.

DO. NOT. RIOT. FOR. PEACE. BETWEEN. COPS. AND. CITIZENS. IT DOESN'T HELP. YOU HAVE TO BE PEACEFUL, FRIENDS. IN MEMORY OF ALL THOSE WHO LOST THEIR LIVES, KEEP THE PEACE. DO NOT FIGHT THE POLICE, DO NOT ATTACK BYSTANDERS, DO NOT BREAK WINDOWS OR FLIP CARS. BE PEACEFUL TO GIVE AN EXAMPLE OF HOW COPS SHOULD ACT IN TIMES OF DISTRESS. Be safe Baltimore.
Baltimore is Burning

 Don’t let the media’s portrayal fool you. Our children are dying. Black men, women and children are more than a statistic, protesters are not simply “thugs”, human rights are not optional. These riots wouldn’t have to happen if justice was served in the first place. We stand for justice. We stand for change.We stand for peace. We stand together. 

The Baltimore Riots

*PLEASE READ ALL OF THIS AND HELP US 

For those that don’t know, an unarmed black man named Freddie Gray, who was only 25 years old was injured, paralyzed, and eventually killed by an injury caused by three Baltimore police officers. He was forcefully thrown on the grown for running when he saw the police but not actually doing anything. Let me repeat that again for you. He was forcefully arrested for running (WHEN THEY LATER SEARCHED HIM THEY FOUND NOTHING ILLEGAL). The officers threw him on the ground and two of them held him down, while the other placed his knee on Gray’s neck and arrested him. Many say Gray sounded as though he was “screaming for his life”

“They had him folded up like he was a piece of origami” 

As the officers waited for the police van to arrive Freddie then asked for an inhaler… his request was ignored. A family friend of Freddie’s said he screamed loud enough for the whole neighborhood to hear, pleading for help and screaming of the pain he felt in his back and legs. The van arrived and that was the last time anyone ever saw a conscious and responsive Freddie Gray. 

Inside of the van, Freddie was not buckled up and was taken out of the vehicle for acting “irate”. To “calm him” the officers hit him with batons repeatedly in the back. Many then say Freddie became unresponsive and the police had to lift him by the pants to literally throw him into the back of the van again. Later when at the police station the officers loaded Freddie our of the van. 

He could not breathe, had serious spinal cord injuries, and had a crushed voice box. “Criminal” or not, he was most certainly in need of medical assistance. He was taken to the hospital, fell into a coma, and died a week later. 

Of course, Baltimore is outraged by this situation, however is handling it in a terrible way. I live in Baltimore (nicer part not wear the protest are) and I am scared. Bomb threats have been made by known gangs (Bloods, Crips, etc.) and teens are looting local businesses. Cars are being set on fire and schools have been shut down. It literally looks like a war zone in the worst areas.

Please help us. We are a great town and really need all the help we can get right now. Tweet under hashtags like #BaltimoreRiots, or make up your own like #HelpBmore. Just do anything to help.

You thought Ferguson was bad?

Baltimore is already worse.

#HelpBmore 

May every thrown rock break a cop’s skin, May every Molotov reach it’s perfect apex and set the bastards alight, may every squad car be totaled, may every tear gas canister expel down wind, may every pepper spray victim find a gas mask, may every racist be tarred and feathered, may every murderer be brought to justice.
—  Don’t let our bother’s and sister’s death’s be meaningless. don’t let this savage brutality continue. these pigs need to know WE WILL NO LONGER BE BULLIED, WE WILL NOT LIVE IN FEAR OF THEIR TYRANNY.

How many riots have happened this year? How many unarmed black men have been murdered by cops? 

Why don’t white americans just donate to these businesses to repair damages? They made a murderous cop a millionaire so its not like its out of their reach. 

The reason that riots are happening is because America created the perfect environment for riots to flare up.

This is the bed you made America! Fucking lie in it!

Poem: Carnivore Disposition/Injustice Motives

Rockets red glare
Sirens yells in despair
Shields facing front
Cameras only showing the the negative
Dispelling the positive interaction
Media’s destructive visual influx of
The human connection
Militia’s forming in the inner cities
Using protest as a plot in a global scheme
Manipulating the state of the riot
Our sun dims its light, so the moon may highlight the suffering
People have waited too long
Blood sweat and tears
Like lions and gazelles in unfair battle
Held in rage and raised stress levels
Losing children and family members
Tired of the madness
Has the revolution started or is this the beginning of a new era in danger?
Why praise a unjustified flag?
Why respect those whom are suppose protect and serve?
The only power given is from up above
Here today and gone tomorrow
Black Lives Matter

I’m really disappointed in the riots that are happening in Baltimore right now.

Yes. The wrongful death of Freddie Gray needs justice. But turning a peaceful protest into a riot encourages police brutality.

Injuring other people, damaging property… Just made it worse for everyone who lives in the city. Ruining lives for other people and costing the city money that everyone already complains about not having enough of.

You can’t complain about wanting your city and your life to be better and wanting justice if you’re breaking it.

Yes, there’s injustice for what had happened… But you’re shooting your own foot now, guys.