The Onerous Duty (Part 1)

It should first be noted that section 215 reverses the onus of proof from the prosecution to the accused. The section provides specifically, “fails without lawful excuse, the proof of which lies on him.” In specific terms the section requires the accused person to prove that at the material time he had a lawful excuse not to perform a duty imposed upon him by law. Stephen Jurkus fortunately was able to do so at least to the satisfaction of the jury who decided his fate.

Stephen Jurkus met his onus of proof by demonstrating with evidence that despite overseeing the EMDC at the time of the murder, that a whole series of incidents witnessed by other prison guards under his authority were not shared with him.
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The Tale of Stephen Jurkus: Senior Official in Charge of the EMDC

An inmate was murdered by another inmate in their shared jail cell late at night while the accused, Stephen Jurkus, was the senior officer in charge of the prison at the time of the murder. Stephen Jurkus was charged with failing to provide necessaries of life for the inmate who was murdered. Stephen Jurkus was acquitted by a jury in London Ontario. His case describes how treacherous it may be when our law provides for crime upon an allegation that a person has failed to perform a duty, and in doing so, endangers the life of a person to whom that duty is owed.

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Patrick Ducharme issues ‘call to arms’ against vaccine mandates in preface of new book

The Daily News

Windsor criminal lawyer Patrick Ducharme has issued an “urgent call to arms” against vaccine mandates in the preface of his latest criminal law book, arguing “the right to life and liberty is under attack.”

“I’m writing a book about how people protect their civil liberties and how the best use of charter arguments and fairness arguments work, and it’s essentially aimed at lawyers,” Ducharme said Friday. “So the preface is really a call to arms that we ought to be ready. Because I think this whole idea of forcing vaccinations on people and people losing their job if they refuse to put some substance, the contents of which they don’t know and no one will tell them exactly what it is, is an infringement against personal options and personal rights.”

Ducharme, a high-profile criminal lawyer for four decades, has written several legal advocacy books. His newest is 2022 Criminal Trial Strategies: Counsel’s Handbook on Criminal Law – Using the Laws of Evidence and Procedure Effectively.

The book’s preface is titled An Urgent Call to Arms Against Tyranny, in which Ducharme writes corporations and lobby groups have “corrupted” scientists and convinced governments to “pass new laws that benefit only the oligarchs.”

“It is a mass psychosis, the likes of which has not been seen since Hitler and Stalin,” he writes. “But this time it’s worse. This time the villains are many, and they hide behind a thick veil of corporate secrecy.”Governments and public health agencies have repeatedly stated that approved COVID-19 vaccines are generally safe, though there can be side effects.

The Canadian government, which implemented a vaccine mandate for its public service and federally regulated transportation sectors, has also stated that it monitors the safety and effectiveness of vaccines approved for use in Canada.

“Vaccination is one of the most effective ways to protect our families, communities and ourselves against COVID-19,” according to Health Canada. “Evidence indicates that vaccines are very effective at preventing severe illness, hospitalization and death from COVID-19.”

Ducharme is aware it’s a “touchy subject.” He said he has already received dozens of calls from colleagues and others questioning him.
“The book is over than 500 pages so it’s devoted to a lot of stuff,” said Ducharme. “But I did say in there on multiple occasions it’s really left to the lawyers and the courts to decide rights, anybody’s rights. That’s what it comes down to. I don’t think it should be decided in the medical profession. It should be decided on evidence.”

Windsor lawyer Patrick Ducharme receives lifetime achievement award

Windsor Star.

Windsor lawyer Patrick Ducharme is shown in his office on Wednesday, August 4, 2021. Photo by Dan Janisse /Windsor Star
Windsor lawyer Patrick Ducharme is shown in his office on Wednesday, August 4, 2021. Photo by Dan Janisse /Windsor Star

Legal advocate, university lecturer, free-speech champion.

High-profile Windsor lawyer Patrick Ducharme, who gained notoriety for controversial cases and courtroom precedents over a four-decade career, is receiving one of the most prestigious honours in Canada’s legal profession.
Windsor lawyer Patrick Ducharme receives lifetime achievement award
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