Case File No.2

Non-Judicial Independence in Sudbury?

How is this for Conflicts of Interest and Judicial Independence?

What would you say if you were charged or knew someone charged with
a drug offence. The charges were for only cultivation of a small amount
of Cannabis. There's no mention of any trafficking element whatsoever.

Knowing that sometimes non-violent crimes will allow for a non custodial sentence I approached my lawyer with the prospects of possible house arrest, probation or in the worse case scenario doing weekends in jail. With a first time drug related offence people get probation all the time if trafficking
isn't involved.

My defence lawyer passed this idea over to the Crown prior to my sentencing hearing. The plea bargain that the Crown agreed to was: "Just Weekends In Jail." The fact that I just saved everybody lots of work, tax payers money,
took responsibility for my actions and not wasted the Courts time was to be mitigating factors. I was led to believe that I would be given some leniency.

But that didn't happen because the Judge presiding over the sentencing hearing went off on a his own tangent. He was furious at the mere thought
of the joint submission which would not involve full time jail sentence. The
fact that I was employed didn't phase him either. To add insult to injury,
the Judge went off on his usual commentary. In that people who do drugs,
sell drugs are ruining his city, etc.

This was just Cannabis. It's not Heroin or Crack.

Unknown to the hipocryte of a Judge at that time is that I knew that the
Judge has a son who had some kind of drug related problem of his own
at one time. I wanted to say something right then and there about it.
But my lawyer, who told me about the Judge's son told me that if I
know what's best for me. I better shut up and not mention the
Judge's son or else I'll get more time.

So later on in life, I actually called this hypocrite of a Judge at his home
at 3 AM, 6 months into a 3 year probation that he even put me on. You
can say these people don't scare me or I don't have any more tolerance
to hypocrites who the play with people's lives. The Judge had no more
commentaries and was totally perplexed when I mentioned his son,
drugs,etc.

The police were made aware of me calling him and did contact me about
it a few days later. As you can all imagine of course, I didn't get arrested.
I guess it would been worse for them if the public would know about a
biased Judge. If people would know why I was charged.

It upsets me, when I read online or in the paper that this Judge still
sentences people for drug related offences. While I personally think
he's not in any way unbiased and/or in any way impartial towards
such matters. Personally, I think this Judge should never hear any
matters involving drugs.

Especially, if somebody in the Judge's own family has had any
problems with drugs at any time in the past or present. But that's
just me.

BTW:  I have no doubt the Crown knows this as well. But I guess they
            like biased Judges since it serves their purpose. Worse yet, some             lawyers in Sudbury know about this Judge and yet still allow
            their clients to be judged by him for drug related offences.

I was naive back then to think that Real Justice existed or that joint submissions actually have any legal weight and meant something.

I know much better now.

I would be remiss not to tell you this Judge's name.

His name is Guy Mahaffy.

If anyone of you have any concerns to what is written on this Web page.

Contact me as I have nothing to hide.