Knowledge

Killing of Darren Varley

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punishment' and thus a violation under s. 12 of the Charter Of Rights, the only option open to a trial judge is to strike down the legislation itself, even if the mandatory punishment would be constitutional in the vast majority of cases. The ruling means that if a law creating a mandatory minimum sentence is unconstitutional for "any" individual, it will be unconstitutional for "all" individuals."
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occurred at which time Ferguson regained enough control of the gun to fire two quick shots. One grazed the side of Varley's abdomen and the other shot pierced his skull just behind the ear. Varley, now breathing with severe difficulty, lay wounded on the cell floor while Constable Ferguson called the ambulance, which attended moments later. Varley was airlifted to a
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about an intoxicated complainant, Darren Varley, reporting a missing person. Varley phoned from the local hospital where he was checking on his friend, Tuckey, who had been just beaten up in a fight in which both men had been involved in with two other men. The fight had occurred in the pub parking
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By early 2007 Ferguson was out on parole and the Supreme Court had agreed to hear Ferguson's appeal. In 2008, the appeal struck down his sentence. According to his lawyer, Noel O'Brien, the decision was based on the conclusion that "where a mandatory minimum sentence amounts to 'cruel and unusual
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While at the police department, and booking Varley into the last jail cell, Constable Ferguson stated that Varley had pulled his bulletproof vest over his head and gained momentary control of his pistol through what experts testified was a little-known defect in the holster design. An altercation
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term in incidents involving a firearm. Justice Ged Hawco, ruled to make a constitutional exemption to the firearm clause because the police revolver was present as a result of Constable Ferguson's duties and allow Michael Ferguson to serve an exceptional two-year less a day term in his own home.
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The drunken Varley had given the RCMP dispatcher the first statement on what he incorrectly believed to be a missing woman, Chandelle. Constable Ferguson decided to arrest Darren Varley for public drunkenness and bring him to the local police detachment.
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Family and supporters of Darren Varley expressed disappointment that he may be granted nearly immediate parole, having considered to have served nearly two years under house arrest which would be credited to his prison sentence.
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Justice Hawco stated in his Reasons for Judgment, "If I were to place Mr. Ferguson on this ladder of moral culpability, given the facts which the jury must have concluded, he would be on the very lower rungs."
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On October 2, 1999, he had just finished a long day at work and headed to a local pub where he was to meet his sister. After several hours of drinking, Varley had become intoxicated. At the same time,
226:"Help Officer Mike Ferguson Receive Justice: RCMP Officer Convicted of Manslaughter for Shooting the Prisoner Who Gained Control of His Sidearm - A Grave Miscarriage of Justice" 139:
overruled Justice Ged Hawko's decision to allow Ferguson the opportunity to serve his sentence at his house. The court ruled that Ferguson must serve a four-year prison term.
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Justice Hawco came to the conclusion that Michael Ferguson fired the first shot in self-defense, but the second shot was unnecessary.
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report. Within minutes Varley had kicked out the police car window and attempted to slide out of the vehicle.
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Constable Michael Ferguson had just finished taking two prospective officers for an extensive ride in his
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After placing Varley in the police car, Constable Ferguson returned to the hospital to investigate the
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to try Michael Ferguson for the killing of Darren Varley, a third attempt was made to try him for
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On September 25, 2006, Ferguson began a four-year prison sentence.
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After two attempts by the Crown which both ended in mistrials from
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The mandatory sentence for manslaughter in Canada, is a four-year
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List of controversies involving the Royal Canadian Mounted Police
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lot as a result of Varley knocking down one of the men's wives.
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Top court to hear appeal of ex-Mountie's manslaughter sentence
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Ferguson received a call from the RCMP dispatcher based in
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People from the Municipal District of Pincher Creek No. 9
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People shot dead by law enforcement officers in Canada
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Case files of O'Brien Devlin Markey Macleod Law Firm,
189:"Alta. Mountie gets house arrest in shooting case 252:R. v. Ferguson (2008) 228 C.C.C. (3d) 385 (SCC) 165: 163: 8: 159: 95:hospital where he was pronounced dead. 7: 224:Reality Based Training Association, 14: 1: 305:Royal Canadian Mounted Police 335:Deaths by firearm in Alberta 345:Police misconduct in Canada 135:On September 26, 2006, the 19:(1973–1999) was a man from 361: 340:Deaths by person in Canada 315:Canadian victims of crime 137:Alberta Court of Appeal 320:Canadian truck drivers 310:Manslaughter victims 191:, December 11, 2004 59:a.m., according to 257:2008-08-20 at the 241:, February 1, 2007 215:September 26, 2006 211:2007-12-06 at the 200:Kerry Williamson, 131:Sentence overruled 176: ABQB 928 352: 262: 248: 242: 235: 229: 222: 216: 198: 192: 187:CTV news report 185: 179: 173: 167: 58: 360: 359: 355: 354: 353: 351: 350: 349: 285: 284: 271: 266: 265: 259:Wayback Machine 249: 245: 236: 232: 223: 219: 213:Wayback Machine 199: 195: 186: 182: 169: 168: 161: 156: 133: 101: 88: 80:missing persons 56: 45: 29: 12: 11: 5: 358: 356: 348: 347: 342: 337: 332: 327: 322: 317: 312: 307: 302: 297: 287: 286: 283: 282: 277: 270: 267: 264: 263: 243: 230: 217: 202:Calgary Herald 193: 180: 171:R. v. Ferguson 158: 157: 155: 152: 132: 129: 100: 97: 87: 84: 44: 41: 28: 25: 13: 10: 9: 6: 4: 3: 2: 357: 346: 343: 341: 338: 336: 333: 331: 328: 326: 323: 321: 318: 316: 313: 311: 308: 306: 303: 301: 298: 296: 293: 292: 290: 281: 278: 276: 273: 272: 268: 260: 256: 253: 247: 244: 240: 234: 231: 227: 221: 218: 214: 210: 207: 203: 197: 194: 190: 184: 181: 177: 172: 166: 164: 160: 153: 151: 147: 144: 140: 138: 130: 128: 124: 121: 120:closed prison 116: 114: 110: 106: 99:Court verdict 98: 96: 94: 85: 83: 81: 76: 72: 69: 64: 62: 54: 50: 42: 40: 38: 34: 33:Pincher Creek 26: 24: 22: 18: 17:Darren Varley 246: 233: 220: 201: 196: 183: 178: (2004). 170: 148: 145: 141: 134: 125: 117: 113:manslaughter 109:manslaughter 102: 89: 77: 73: 65: 46: 30: 16: 15: 300:1999 deaths 295:1973 births 105:hung juries 289:Categories 154:References 53:police car 27:Background 237:CBC News 61:the Crown 280:Ian Bush 269:See also 255:Archived 209:Archived 68:Red Deer 31:Born in 261:, 2008. 93:Calgary 37:Alberta 21:Alberta 228:, 2006 174:, 57:  43:Arrest 86:Death 49:RCMP 291:: 204:, 162:^ 115:. 63:. 35:,

Index

Alberta
Pincher Creek
Alberta
RCMP
police car
the Crown
Red Deer
missing persons
Calgary
hung juries
manslaughter
manslaughter
closed prison
Alberta Court of Appeal


ABQB 928
"Alta. Mountie gets house arrest in shooting case
"Killer officer ordered to jail: Victim's family pleased Mountie to do 'hard time'"
Archived
Wayback Machine
"Help Officer Mike Ferguson Receive Justice: RCMP Officer Convicted of Manslaughter for Shooting the Prisoner Who Gained Control of His Sidearm - A Grave Miscarriage of Justice"
Top court to hear appeal of ex-Mountie's manslaughter sentence
R. v. Ferguson (2008) 228 C.C.C. (3d) 385 (SCC)
Archived
Wayback Machine
List of controversies involving the Royal Canadian Mounted Police
Ian Bush
Categories
1973 births

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