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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"
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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
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23:, Canada who died after a scuffle with police in a jail cell in Alberta after he was arrested for drunkenness.
111:. Five years after the killing of Darren Varley, Constable Michael Ferguson was found guilty and convicted of
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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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55:, showing them the ins-and-outs of the area. He dropped them off just an hour before the pubs closed at 3:00
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Constable Michael Ferguson had just finished taking two prospective officers for an extensive ride in his
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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,
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252:R. v. Ferguson (2008) 228 C.C.C. (3d) 385 (SCC)
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95:hospital where he was pronounced dead.
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224:Reality Based Training Association,
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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
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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
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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
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43:Arrest
86:Death
49:RCMP
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