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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