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"BAY" 2003 Obituary


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BAYER o@ca.on.manitoulin.howland.little_current.manitoulin_expositor 2003-02-05 published
Vera Ilene SHERING (née WOOD)
In loving memory of Vera Ilene SHERING who passed away peacefully at the Royal Victoria Hospital, Barrie on Wednesday, January 29, 2003 in her 78th year. Beloved wife of the late Joseph ARMSTRONG and the late Monty SHERING. Loving mother of Harold ARMSTRONG and his wife Lynne, Bill ARMSTRONG and his wife Linda, Ken ARMSTRONG and his wife Andrea, Carolyn SMURTHWAITE and her husband Norm, Marlene WHEELER and her husband Steve, Cathie Gould and her husband Jack. Dear grandma of 11 grandchildren and four great grandchildren. Vera is survived by her sisters Myrtle WOOD, Marie TANN, Bernice SLOSS, and Edith BAYER and by her brother Lorne WOOD. Friends may call at the Innisfil Funeral Home, 7910 Yonge street, (Stroud) on Saturday, February 8th from 1: 00 pm until time of service at 3:00 pm. Cremation. Words of comfort may be forwarded to the family at verashering@funeralhome.on.ca

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BAYER o@ca.on.manitoulin.howland.little_current.manitoulin_expositor 2003-06-04 published
Raymond Kenneth " Ken" HAGEN
In loving memory of Raymond Kenneth "Ken" HAGEN who passed away Monday evening, May 26th, 2003 at Mindemoya Hospital at the age of 87 years.
Beloved husband of Pearl (SEWELL) HAGEN predeceased 1982 and Florence (McCULLIGH) HAGEN of Mindemoya. Loving father of Mary BEAULIEU (husband Guil) of Toronto, George HAGEN (wife Sharon.) Bob HAGEN (wife Linda) both of Lively, Daniel HAGEN (wife Suzanne) of Calgary, Susan RICHER and infant baby Martha Jane both predeceased, stepchildren Leila THURESON (husband Peter,) Karen VANZANT (husband Clyde predeceased,) Harley BAYER (wife Lorraine) and Shirley PHILLIPS predeceased. Cherished grandfather of 24 grandchildren, 17 great grandchildren and 4 great great grandchildren. Dear son of Dan and May HAGEN, predeceased. Dear brother of Edna JACKSON of Sault Ste. Marie and Alex HAGEN predeceased. Sadly missed by many nieces and nephews. Rested at the Jackson and Barnard Funeral Home, 233 Larch St. Sudbury. Funeral service was held in the R. J. Barnard Chapel on Thursday May 29, 2003 at 1p.m. Interment was held in the Lakeview Cemetery, Meaford, Friday at 11 a.m. A memorial service was held on
Saturday, May 31 in the Mindemoya United Church.

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BAYER o@ca.on.manitoulin.howland.little_current.manitoulin_expositor 2003-12-17 published
Alphonse Ignatius CORBIERE
Surrounded by his children, Alphonse Ignatius CORBIERE moved on to the spirit world, peacefully on Monday, December 15, 2003. Lovingly remembered by his wife Mae CORBIERE and friend Bertha ROY. Dear brother of Georgina NIXON and Liz BRIDGES. Loving and loved father of Jean STONE, (husband Mack,) Menesa CORBIERE (husband Wally,) Roger CORBIERE, Sandra BAYER, Bonita TAIBOSSIGAI (husband Jason) and Rodney CORBIERE (wife Barbara.) Loved grandfather of Kelly, Mack Jr., Sarah, Jeff, Shanna, Ryan, Rhiannon, Rachel, John, Anthony, Matthew, Chad, Kyra, Joshua, Wilfred, Bethany, Nicholas and Cameron. Also survived by many nieces and nephews. Predeceased by his parents Clayton and Eliza CORBIERE, sister Sharon CORBIERE and son Larry TAILOR/TAYLOR.
Friends may call at Alphonse's residence 5785A Hwy 540, M'Chigeeng on Tuesday evening and Wednesday. The funeral mass will be celebrated at Immaculate Conception Church, M'Chigeeng on Thursday, December 18, 2003 at 11 a.m. with Fr. Robert FOLIOT as celebrant. Interment in M'Chigeeng cemetery. Culgin Funeral Home.

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BAYERS o@ca.on.manitoulin.howland.little_current.manitoulin_expositor 2003-11-05 published
Barbara KING (née MADAHBEE)
In loving memory of Barbara KING (née MADAHBEE) who passed away Thursday morning, October 30, 2003 at her residence at the age of 73 years.
Beloved wife of Raymond George KING, predeceased. Will be sadly missed by her children, Susan KING and Will PATHY, Jane KING and Ken PASTO, Debbie KING and Bill HOMER, Patrick KING (wife Jean) and predeceased by son Kevin KING. Special grandmother of Desmond and Grant KING. Dear sister of Anne BREYER, Jean ANDREWS, Ivan MADAHBEE, Lillian BUCKNELL, Archie MADAHBEE, Cecilia BAYERS, Linda THIBODEAU, Patsy CORBIERE, Tootsie PANAMICK, Patrick MADAHBEE and predeceased by Veronica McGRAW, Lawrence MADAHBEE, Elizabeth KING, Eli MADAHBEE, Morris MADAHBEE and Doris BREWER. Rested at the Sucker Creek Community Hall on Sunday, November 1, 2003. Funeral Mass was held at St. Bernard's Church, Little Current on Monday, November 3, 2003. Cremation. Lougheed Funeral Home Sudbury.

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BAYLISS o@ca.on.york_county.toronto.globe_and_mail 2003-12-31 published
Slain man was central to case that altered confession rule
By Christie BLATCHFORD, Wednesday, December 31, 2003 - Page A7
The late Kirk Alexander SWEENEY, who was buried just this week, may be best remembered by the general public as one of a number of young black men gunned down over the Christmas holidays.
Toronto homicide detectives may think instead of how crude street justice got Mr. SWEENEY in the end: He was, they say, essentially executed at the G-Spot nightclub in the early-morning hours of December 22.
The handsome 26-year-old allegedly had been a witness, four years ago, to a double murder that took place at another crowded club.
But Mr. SWEENEY, like dozens and dozens of others who were within an arm's length of the victims, refused to tell police what he knew of the shooting of Godfrey (Junior) DUNBAR and Richard BROWN.
The result of their collective silence has been that those two slayings remain unsolved, the killer or killers still at large.
And now, of course, the same hear-, see-, and speak-no-evil rule appears to be applying to the investigation of Mr. SWEENEY's slaying. Detectives find few people who were within eyeshot, among the crowd of 150, willing to co-operate.
But Mr. SWEENEY made a rather more lasting contribution to Canadian criminal law -- aside, that is, from compiling a not unimpressive record of his own on various weapons-related offences.
In the fall of 2000, he was the person at the centre of an important legal case, the outcome of which made it far more difficult for police to get suspects to talk and virtually impossible for prosecutors to take any resulting confessions to court if even a hint of a whiff of a threat had been used to obtain them.
The background goes like this.
On December 31, 1996, a taxi driver -- a hard-working new immigrant picked up two men and drove them to a townhouse complex in Toronto.
One man, allegedly Mr. SWEENEY, was in the front passenger seat, the other in the rear. Once they reached their destination, the man in the front switched off the ignition, while the rear passenger purportedly put his arm around the driver's neck.
The man in the front then allegedly pointed a gun at the driver, threatened to kill him, and demanded his money.
As the driver was reaching to get it, he told police later, the man in the front pistol-whipped him about the head.
The two men fled with the money; the police were called, and within an hour, a police dog was tracking a scent from the cab to the rear entrance of the townhouse of Mr. SWEENEY's family.
As Mr. SWEENEY left the home, he was arrested, along with another suspect.
Mr. SWEENEY subsequently made two statements to police.
One officer said if Mr. SWEENEY could tell them where the gun was, they would not have to execute a search warrant on his mother's home.
Mr. SWEENEY told the detective he had thrown the weapon out a window, but police still couldn't find it.
At Mr. SWEENEY's original trial, Judge David HUMPHREY disallowed the statement on the grounds that it was the product of "an inducement" by the detective.
But Mr. SWEENEY gave another statement.
A second officer said police had prepared a search warrant for the house -- this was true -- and told Mr. SWEENEY that officers would "trash" the house, looking for the gun, if he didn't tell them where it was. Mr. SWEENEY apparently hesitated, and the officer added, "Your mom is already upset. Just be a man and make this easier for her." Mr. SWEENEY told the officer the gun was in a box in his mother's closet, and even drew a little diagram for him.
The police executed the warrant and, as sure as cats like litter, found the gun, right where Mr. SWEENEY said it was.
At trial, Judge HUMPHREY concluded -- sensibly, I'd argue, to the average Joe -- that this statement was also the result of an inducement, and thus involuntary, but found it admissible under what's called the St. Lawrence rule. That rule, taken from an old case of the same name, held that even involuntary statements are admissible if they are reliable -- if, in other words, the suspect is proved to have been telling the truth. In this way, those who make false confessions are still protected.
As Judge HUMPHREY wrote with considerable understatement of the purported inducement, "There was no aura of oppression, no torture it was almost a gentlemen's agreement, if you will."
Mr. SWEENEY was duly convicted by a judge and jury of robbery, assault while using a weapon and two other weapons offences, and sentenced to six years in prison.
Fast forward to the Ontario Court of Appeal, where Mr. SWEENEY's new lawyer, Howard BORENSTEIN, successfully argued that his client's Charter right to remain silent had been violated by the police having held over his head the "threat" of the raucous search.
In a September 25, 2000, decision, Mr. Justice Marc ROSENBERG, writing for the unanimous court, threw out the involuntary confession, thundered that "a threat to destroy the property of a family member by abusing the authority given to the police by the search warrant is not properly characterized as a technical threat" and said that if the confession were allowed, "it would be condoning the use of threats to abuse judicial process" and would "raise serious concerns for the administration of justice."
More broadly, Judge ROSENBERG said that the old St. Lawrence rule was now so undermined by the Charter that it "would only be in highly exceptional circumstances" that a trial judge would be entitled to admit a confession like Mr. SWEENEY's.
And because the poor cab driver -- remember him? -- had had only a glimpse of his attacker, and there was virtually no other evidence against Mr. SWEENEY, the Court of Appeal set aside the conviction and entered an acquittal.
Mr. SWEENEY went on to compile his lengthy criminal record, allegedly witness a double murder about which he remained mute, and die on the floor of the G-Spot. I wonder what all that does for the glory of the administration of justice.
Clarification Due to my inability to read my own notes, I wrote the other day that Adrian BAPTISTE, gunned down last Saturday in a North York parking lot and only eight days out of jail after being acquitted of second-degree murder, had been talking of straightening out his life, and thinking of going into law enforcement. In fact, as his lawyer David BAYLISS told me, Mr. BAPTISTE had dreamed of becoming a lawyer.

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