最初由[Sedona]发布
No Contact Order
First, respect to 弄舟. How many of us know what e-laws is, or spend time understanding the legal and social systems in Canada? What 弄舟 doesn't have is life case experience to support his interpretation, which is fairly accurate in my humble opinion.
I am not a lawyer, but have done law enforcement for over 20 years in Canada. My current role includes interpreting the laws and translating them into government position papers, policies and procedures. I have seen more than 2000 no contact orders, so I guess I am qualified to toss in my 2 cents.
In at least 2 of my posts in other threads, I have tried to "re-construct" the disposition of Mr. Lee's criminal case. He refused to further elaborate, though he spent time and efforts telling us he made his wife pregnant in the first very date and the details of his negative family interactions.
Let me try the "re-construction" one more time:
Before conviction/disposition:
There may be a no contact order before conviction or disposition. The order is either issued by the police via an undertaking or by the law court via a bail. This order is still an order; every legal party in the case must abide by the order. However, it doesn't mean the defendant is guilty of anything. GongYiZhiSheng has said it the case still is untested.
After conviction/disposition:
I had an hour conversation with my legal manager about this case. She probably thought I had "trouble" at work. My legal manager is a panel member with the Ministry of Attorney General, to review and to revise the current laws.
We "re-constructed" the following:
1. Dismissal (case dropped or not convicted). The law court has no jurisidiction issuing any restrictive order on the defendant.
2. Conviction. The law court will issue an order with or without restrictive conditions including a no contact order.
3. Bargain, with or without a conviction. The law court can issue restrictive orders. My legal manager could not recall if she had seen a conditional discharge with a no contact order, though I told her I had seen it.
4. After the disposition, the no contact order means the victim requires protection. If the defendant violates the court order, he will be charged with breach, and the old case will be brought back to court for a new disposition.
To conclude, it is time for Mr. Lee to tell us if he was convicted or he got a bargain with the Crown. The current no contact order, after the disposition, means Ms. Wu still is at risk.
I don't understand why the court order includes that Mr. Lee can't have access to his daughter. There must be "more facts" in this case Mr. Lee has chosen not to share with 51ers.
U HAVE MY RESPECT,TOO,MR。 SEDONA。I MAY NOT ALWAYS AGREE WITH U,THOUGH。
HOPE U HAVE SOME CASES TO SUPPORT MY INTERPRETATION。
WHAT DOES THE TERM “DISPOSITON” EXCACTLY MEAN,BY THE WAY? |