THIS is where the system fails

[kumazatheef]

common sense which this judge lacks drastically but so does anyone whom has to ask such

I would think that common sense would dictate that those with the most knowledge on a subject would be in the best position to provide advice ... but then again, I don't question an electrician when they say that you can only put so much load through a circuit.

Plus I also foolishly asked what your experience and credentials were compared to someone who has devoted their entire career to a subject, so ... what do I know.

Silly me for questioning someone who questions someone else, obviously didn't see the "one way" sign on this street.

Now, if the original comment had been less accusatory and more exploratory along the lines of "wonder how they got to be on the bench", there would at least be some sort of discussion ... again, foolish me to think prejudice and blind hatred is a negative.
Sorry about that, it won't happen again.

[the quadguy]

Hey this does not mean the judge has no common sense, Very few of them do, I don't have to be an expert as wanderingman says,All I need is common sense, when we hear the guy has a rap sheet a mile long .Why is he out on the street? .I hope they do know that trying over and over and over again and getting the same result is a sign of insanity You say leave it to the proffesionals, I hope you are not serious what on earth makes you think they even have a freeekin clue Do you not watch the news ,Do you not see them letting these skids out on the streets day after day over and over again. I'm sorry I lost all my respect for so called trained proffesionals years ago when I came to the realization it was all about money.

[bob vernon]

As soon as I hear the words "common sense", the post loses credibility. For sense to be common, it must be held by nearly everybody. In this case, a person with extreme right wing views would believe that this person should be behind bars, lashed, and held permanently in chains. An extreme left winger might believe that his behaviour is the result of society's failing him and it's not his fault that he behaved so badly. Reality is somewhere in the middle, but both sides feel the other lacks common sense.

If somebody lacks common sense, it usually just means they don't have the same values that you do. Tell us why you don't agree with something, don't just say the other person "lacks common sense".

[wanderingman]

As soon as I hear the words "common sense", the post loses credibility. For sense to be common, it must be held by nearly everybody. In this case, a person with extreme right wing views would believe that this person should be behind bars, lashed, and held permanently in chains. An extreme left winger might believe that his behaviour is the result of society's failing him and it's not his fault that he behaved so badly. Reality is somewhere in the middle, but both sides feel the other lacks common sense.

If somebody lacks common sense, it usually just means they don't have the same values that you do. Tell us why you don't agree with something, don't just say the other person "lacks common sense".

Interesting opinion BOB V(by the way that's all it is) common sense is usually applied in each case .Common sense is not just a unilateral statement. SO in the DH judge case he lacked common sense as any clear thinking non biased person would have incarsurated this person in a mental institution till such time hes better

[Smurf]

You are quite possibly right, but a judge has to follow the law and in my opinion the law seldom follows common sense. In my mind the fact that people who abuse a pet usually get a harsher sentence than someone who abuses a child and that is not common sense. In fact I believe I have seen somewhere, where you can break a window of a hot car for a pet but not a child. You must monitor the child. If that is true there is no common sense there.

[ValB58]

You are quite possibly right, but a judge has to follow the law and in my opinion the law seldom follows common sense. In my mind the fact that people who abuse a pet usually get a harsher sentence than someone who abuses a child and that is not common sense. In fact I believe I have seen somewhere, where you can break a window of a hot car for a pet but not a child. You must monitor the child. If that is true there is no common sense there.

Similarly, when you buy animal feed (horse, cow, duck, chicken, goat, and the like) you must give your name, address and phone number. Just in case there is a recall on the feed. You don't have to register when you buy baby food or groceries. Agriculture Canada (Government) takes great care of the animals than humans and their children.

[wanderingman]

You are quite possibly right, but a judge has to follow the law and in my opinion the law seldom follows common sense. In my mind the fact that people who abuse a pet usually get a harsher sentence than someone who abuses a child and that is not common sense. In fact I believe I have seen somewhere, where you can break a window of a hot car for a pet but not a child. You must monitor the child. If that is true there is no common sense there.

agreed except in this case I doubt there was case law that compelled the judge to release this criminal.It was just in my opinion based on what I read a very bad call on the judges part

[Smurf]

I am not sure but was gladue factor not involved. If so there was probably a lot of things that had to be considered. I could be totally wrong.

[kumazatheef]

agreed except in this case I doubt there was case law that compelled the judge to release this criminal.It was just in my opinion based on what I read a very bad call on the judges part

So you're willing to make absolute statements, get someone disbarred, throw in some prejudice ... all based on limited knowledge of the circumstances after reading a short news article?

... and in the same breath passively accuse others for lacking common sense?

Ok, cool story bro.

[Catz]

You are quite possibly right, but a judge has to follow the law and in my opinion the law seldom follows common sense. In my mind the fact that people who abuse a pet usually get a harsher sentence than someone who abuses a child and that is not common sense. In fact I believe I have seen somewhere, where you can break a window of a hot car for a pet but not a child. You must monitor the child. If that is true there is no common sense there.

Not so true. A person close to me had a very sick pet that did not get vet attention. He refused. No one would report him. I was told I would look like an idiot if I did. The cat had sores at least 10 by 10 cm open, oozing...for months!!!!!! The cat was lethargic, smelling like rot. Then he killed the cat, barried it in the back yard, and no one cared. Not the cops, not the SPCA. No one cared. Then he gets a fancy lawyer and can do what he he wants with kids. Again....no one cares. Money talks. And then things escelate....g? I wonder why....

[wanderingman]

kumazatheef
cut the drama and I aint your bro. This judge made an extremely bad bad judgement and there needs to be more accountability when they screw up this bad.I have a feeling this is not this judges first and or last failing
It my opinion this judge failed in their sworn duty to protect the public from crimminals by releasing this scum bag

[kumazatheef]

if someone like him hurt someone in my family, my first visit and last visit would be the judges home

Congrats, now that it's premeditated, can't plea for "not criminally responsible" ... not gonna fare better than Mr. Nelson ...

[kumazatheef]

To start off ... to eliminate any assumption that I think Eric Nelson is a saint, I can assure you that's not the case, would I want Mr. Nelson as my next door neighbour, no not really ... and yet, I sure would be curious if a man in his 50s just suddenly snapped, or there's a history of trouble. Unfortunately quick search online couldn't answer that.

Now ...

cut the drama and I aint your bro.

Easy does it there kemosabe ...

This judge made an extremely bad bad judgement and there needs to be more accountability when they screw up this bad.

Solely based on a 352 word news article, yes it would appear bad judgement. I, for one, would be curious about Justice Groves write-up, or the notes from the doctor's assessment ... or even what the prosecution had put forth (in whatever form that may have been: cops, reports, victim impact statements, etc) ... were they doing their jobs thoroughly to convince the judge??

I have a feeling this is not this judges first and or last failing

I have a feeling the judge didn't get to where he is by taking a course online over the weekend ...

It my opinion this judge failed in their sworn duty to protect the public from crimminals by releasing this scum bag

Congrats, and you're entitled to your opinion.
"sworn duty", however, is not an opinion but a tightly regimented list of requirements.
Here's http://www.cscja-acjcs.ca/judges_decisions-en.asp?l=5 for some fun and overview on decision making, good read. Much can go both ways.

Also, for more fun: http://www.cjc-ccm.gc.ca/cmslib/general ... les_en.pdf
(albeit focussed on superior courts, one could argue same principles apply).

The judge’s duty is to apply the law as he or she understands it without fear or favour and without regard to whether the decision is popular or not.This is a cornerstone of the rule of law.

Of course:

Judges should exhibit and promote high standards of judicial conduct so as to reinforce public confidence which is the cornerstone of judicial independence.

And yet

Judges should make every effort to ensure that their conduct is above reproach in the view of reasonable, fair minded and informed persons

(emphasis mine)

To reiterate, the judge is obligated to follow precedent, meaning somewhere along the line another judge handed a similar sentencing, so we should probably round up all the judges, hey??

Since we seem to be shooting from the hip on opinions, it is my opinion that tarring-and-feathering a Court Justice based on an emotional argument with limited facts is of a similar catalyst to vigilantism ... just not a fan of "torch and pitchfork" vitriol, I suppose ...