SOSC 1350 - Week 3 - Part 1

Summary

This video script delves into the Rodney Darren Small (RDS) case, focusing on the material facts and the legal proceedings that followed. It outlines the undisputed facts of the incident on October 17, 1993, where Small, a black teenager, was arrested by Constable Donald Steinberg, a white police officer, after trying to communicate with his cousin who was being arrested. The dispute centers on whether physical contact occurred before the arrest, with Small denying it and Steinberg asserting it did. The video discusses the role of the judge as the Trier of facts, tasked with determining the most reasonable set of facts to believe, which is crucial for the case's outcome.

Takeaways

• 📚 The script discusses the 'RDS case,' which involves Rodney Darren Small (RDS), a black teenager, and Constable Donald Steinberg, a white police officer.
• 🗓️ The incident in question occurred on October 17th, 1993, in Halifax, where Small witnessed his cousin being arrested by Steinberg.
• 👮‍♂️ Constable Steinberg is described as a six-foot, heavy-set, and athletic white officer, in contrast to Small, who is described as a skinny black teenager.
• 🤝 There was an exchange of words between Small and the officer, with Small attempting to communicate with his cousin and Steinberg telling him to mind his own business.
• 🚔 The officer eventually arrested Small, placing him in a chokehold alongside his cousin, who was also in a chokehold.
• 🤷‍♂️ The facts that were not disputed include the interaction between Small and his cousin, and the subsequent arrest by Steinberg.
• 🚨 The disputed facts revolve around whether there was physical contact between Small and Steinberg prior to the chokehold, with Small claiming there was none, and Steinberg asserting there was.
• 🏛️ The case proceeded to court, where the judge had to determine the most reasonable set of facts to believe, given the disputed nature of the incident.
• 📖 The script emphasizes the importance of material facts in legal cases, which are the relevant facts that occurred before a case reaches the court.
• 👨‍⚖️ The judge's role is highlighted as the 'Trier of facts,' tasked with deciding which set of facts to accept and base the court's decision upon.

Q & A

What is the RDS case, and why is it significant?

The RDS case refers to the legal proceedings involving Rodney Darren Small, a black teenager from Halifax, Canada, who was arrested by a white police officer, Constable Donald Steinberg. The case is significant because it dealt with issues of race, police conduct, and the interpretation of facts in court.

What are 'material facts' in a court case?

'Material facts' refer to the relevant facts that occurred before a case reaches court. They are the facts that the court will use to make a decision. Some facts may be undisputed, while others can be contested by the parties involved.

What were the undisputed facts in the RDS case?

The undisputed facts were that Rodney Darren Small, a black teenager, saw his cousin being arrested by Constable Donald Steinberg in Halifax on October 17, 1993. Small tried to communicate with his cousin during the arrest, and Steinberg repeatedly told him to mind his own business. When Small persisted, Steinberg put him in a chokehold and arrested him.

What were the disputed facts in the RDS case?

Rodney Small claimed that no physical contact occurred between him and Constable Steinberg before he was arrested. In contrast, Steinberg claimed that Small’s bike hit him in the leg and that Small pushed him with his hands and shoulders before the arrest.

Why were the physical descriptions of Rodney Small and Constable Steinberg relevant to the case?

The physical descriptions were relevant because there was a clear size and strength disparity between Rodney Small, a skinny black teenager, and Constable Steinberg, a heavy-set, athletic white officer. This asymmetry contributed to the nature of the arrest and the use of force.

What charges were brought against Rodney Darren Small?

Rodney Darren Small was charged with assaulting a police officer, assaulting a police officer with intent to prevent the lawful arrest of another person, and obstruction of a police officer. These charges were based on Constable Steinberg's account of the incident.

What role does the judge play in determining the outcome of a court case?

In a court case, the judge acts as the 'Trier of facts' and 'Trier of law,' meaning they must determine which set of facts is most credible and relevant for the court to base its decision on. The judge must decide whether to accept disputed facts and how they influence the legal outcome.

Why was Rodney Darren Small's name anonymized during the trial?

Rodney Darren Small’s name was anonymized during the trial because he was a minor at the time of the incident. The use of initials, like 'RDS,' is a common practice in legal cases to protect the privacy of minors or victims in sensitive cases.

How did Rodney Darren Small’s identity become public?

Rodney Darren Small's identity became public because he later chose to speak openly about his involvement in the case. His name did not leak during the trial or through media; he disclosed it himself after the case had concluded.

What was the key point of disagreement between the parties involved in the RDS case?

The key point of disagreement was whether physical contact occurred between Rodney Darren Small and Constable Steinberg before the arrest. Small claimed no physical contact was made, while Steinberg asserted that Small’s bike hit him and that Small pushed him before being arrested.

Outlines

00:00

📚 Introduction to the RDS Case

The video script begins with an introduction to the RDS case, emphasizing the concept of 'material facts' which are the relevant facts that occurred prior to the case reaching the court. The speaker explains that these facts are crucial for determining the truth of a case and that they are agreed upon by all parties involved. The case revolves around an incident involving Rodney Darren Small (RDS), a black teenager, and Constable Donald Steinberg, a white police officer. The incident took place on October 17, 1993, in Halifax, where RDS witnessed his cousin being arrested by Steinberg. The speaker highlights the importance of the material facts in understanding the case's progression through the court system and its aftermath.

05:03

👮‍♂️ The RDS Case and Initials Anonymization

The speaker delves into the significance of the initials 'RDS' in the case title, representing Rodney Darren Small, the accused. The use of initials serves to anonymize the individuals involved, especially in sensitive cases such as minors or those involving sexual assault. The speaker discusses the relevance of the accused's race and physical description, noting that these factors play a significant role in the case's dynamics. The incident involved RDS witnessing his cousin's arrest by Constable Steinberg, a white police officer described as six foot, heavy set, and athletic. The physical disparity between the officer and the teenagers is highlighted, setting the stage for the events that unfolded.

10:04

🚔 Undisputed Facts of the RDS Arrest

The script outlines the undisputed facts of the RDS case, where RDS attempted to communicate with his cousin during the arrest and was told by Constable Steinberg to stop interfering. Despite being instructed to mind his own business, RDS persisted, leading to his arrest by the officer. The officer, significantly larger and stronger than RDS, placed both teenagers in chokeholds and arrested them. The physical asymmetry between the officer and the teenagers is emphasized, highlighting the power dynamics at play. The speaker clarifies that the facts agreed upon in court include the arrest and the nature of the interaction between RDS and the officer, but not the specific details leading up to the arrest.

15:05

🤝 Disputed Facts and Charges in the RDS Case

The script addresses the disputed facts in the case, focusing on whether physical contact occurred between RDS and Constable Steinberg prior to the chokehold. RDS claims no physical contact happened, while the officer asserts that RDS's bike hit his leg and that RDS pushed him with his hands and shoulders. These conflicting accounts led to RDS being charged with assaulting a police officer and obstruction of a police officer. The speaker sets the stage for the trial, where the judge must determine which version of events is more credible, highlighting the role of the trial judge in evaluating facts and the impact of these decisions on the case's outcome.

Keywords

💡Material Facts

Material facts refer to the relevant facts that occurred prior to a case reaching the court. In the video, the term is used to describe the events that took place before the RDS case was presented in court. These are the key details that the judge must consider to determine the case's outcome. For instance, the video discusses the events of October 17th, 1993, where Rodney Darren Small, the accused, witnessed his cousin being arrested by a police officer, which are considered material facts.

💡Trier of Facts

The term 'Trier of Facts' is used to describe the role of a judge in a trial, who is responsible for determining the truth of the facts presented. In the context of the video, the judge's role is emphasized as crucial in deciding which set of facts to accept, especially when there are disputed facts. The video mentions that the judge must decide between the disputed and undisputed facts presented by the crown attorney and the accused's council.

💡Undisputed Facts

Undisputed facts are those that all parties involved in a case agree upon without any contradiction. In the video, it is mentioned that there were certain facts that both the crown attorney and the accused's council agreed upon, such as the date of the incident and the identities of the individuals involved. These facts form the foundation upon which the judge can build to understand the case.

💡RDS Case

The RDS case is the subject of the video and refers to the initials of Rodney Darren Small, the accused. It is used to anonymize the individual involved in the case, which is a common practice in legal proceedings to protect privacy. The video discusses how the case is referred to in court documents and media, and how the accused later publicly identified himself, thus revealing the meaning behind the initials.

💡Chokehold

A chokehold is a physical restraint technique used by law enforcement, which was part of the disputed facts in the RDS case. The video describes how Constable Steinberg used a chokehold to arrest both Rodney Small and his cousin, indicating a significant use of force. The term is significant as it relates to the physical altercation and the subsequent charges against Rodney Small.

💡Assaulting a Police Officer

This term refers to the criminal charge of physically attacking a law enforcement officer. In the video, it is mentioned that Rodney Small was charged with assaulting a police officer with the intent to prevent a lawful arrest, based on Constable Steinberg's account of the incident. This charge is central to the legal dispute in the case.

💡Obstruction of a Police Officer

Obstruction of a police officer involves hindering or impeding an officer in the execution of their duties. The video discusses how Rodney Small was charged with this offense, as Constable Steinberg claimed that Small's actions interfered with the arrest of his cousin.

💡Physical Contact

Physical contact is a central point of dispute in the RDS case. The video highlights the conflicting accounts between Rodney Small, who claims no physical contact occurred before his arrest, and Constable Steinberg, who alleges that Small made physical contact by pushing him and colliding his bike with the officer's leg.

💡Size Disparity

Size disparity refers to the significant difference in physical size or strength between two individuals. The video emphasizes the size disparity between the 6-foot, heavy-set Constable Steinberg and the skinny, black teenager, Rodney Small, which is relevant to understanding the dynamics of the altercation and the perceived use of force.

💡Initials Anonymization

Initials anonymization is the practice of using initials instead of full names in legal cases to protect the identities of the individuals involved. The video explains that the RDS case is an example of this, where 'RDS' stands for Rodney Darren Small, and how this practice is used to maintain privacy, especially in sensitive cases.

Highlights

Introduction to the RDS case, focusing on the material facts before the trial.

Explanation of the term 'material facts' in legal cases, emphasizing relevant events prior to court proceedings.

Judges in trials are considered both triers of law and triers of fact, meaning they determine which facts are relevant and accepted in the court's decision.

Some facts in court cases are undisputed by both sides, while other facts are contested and must be ruled on by the judge.

The case centers around Rodney Darren Small (RDS), a black teenager, and his interaction with Constable Donald Steinberg, a white police officer in Halifax.

The name 'RDS' comes from Rodney Darren Small's initials, as his identity was initially anonymized due to his minor status.

Material facts include that the event occurred on October 17, 1993, and that Rodney Small saw his cousin being arrested by Constable Steinberg.

Undisputed facts include that Rodney Small attempted to communicate with his cousin during the arrest, and Constable Steinberg repeatedly told him to stop interfering.

Rodney Small was eventually put into a chokehold and arrested after continuing to try to speak to his cousin.

Constable Steinberg is described as a larger, athletic white man, while Small and his cousin were skinny black teenagers, highlighting the physical disparity during the arrest.

The primary dispute in the case was whether physical contact occurred between Small and Constable Steinberg before the chokehold.

Rodney Small claims there was no physical contact, only verbal attempts to communicate with his cousin.

Constable Steinberg claims that Small's bike hit him and that Small pushed him with his hands and shoulders.

Based on Constable Steinberg's account, Rodney Small was charged with assaulting a police officer and obstruction.

The judge's role in the trial was to determine which version of the facts, Small's or Steinberg's, was the most credible.

Transcripts

part one background to the RDS case and

what we'll do in this clip or what we'll

look at in this clip uh are the material

facts of the RDS case uh before in in

the next few Clips as as you're aware if

you watch the intro up above I'm

starting to go through um the way that

it worked its way through the court

system and some of the repercussions

after it left the court system as well

but yeah but starting with the material

facts here um this is a term you may not

have uh encountered before sometimes

just called the the facts on its own U

material facts usually meaning the

relevant facts this is a a term for u a

term a term used in in uh court cases a

term used in in case law to mean um I'll

just put it on screen here material

facts everything everything

relevant that happened before this got

to court

um yeah so for for every court case uh

one of the things that um you're trying

to determine are what are the material

facts so what are the relevant things

that happened before this actually got

to court so like like who danced with

whom who was where that particular

evening uh was this person actually in

this city or not uh did this person

punch this other person in the jaw or in

the eye uh could a person was this

person uh uh showering after they got

their their perm haircut or were they

shooting their father it's uh it's

things like that um you know the

material facts are just trying to

establish everything relevant that

happened before this got to

court one of the primary functions uh of

of a judge uh in a in a trial um they're

considered to be the the Trier of facts

so they're the Trier of law and the

Trier of facts they have to try to

determine what set of facts were

relevant and what set of facts uh uh is

the court going to use uh to come to its

decision what sort set of facts is the

court going to accept and the reason I'm

stressing that uh is because in this

particular case like when this got to

court as is oftentimes the the the case

there were some Undisputed facts uh so

some things that everybody in the

courtroom agreed on uh both uh the um

both the crown attorney and uh and the

accused Council for the accused like

they they all agreed on a certain set of

facts but there was a dispute over some

of the facts as well so that the judge

in the courtroom is going to have to

decide okay I'm accepting these

Undisputed facts that nobody is

contradicting but I've got two sets of

facts here um on on some particular

matters I'm going to have to determine

which ones to go with which ones we

going to accept in this trial so let's

start off with the Undisputed facts um

and these were the one these these these

are the things that uh when everybody

got to court uh they showed up and they

all agreed on these things nobody is

disputing these particular facts in

terms of what happened before this got

to

court

um and I've got here on

screen that the events the relevant

events took place on October the

17th October the 17th

1993 so uh on October 17th and I guess

I've got it here yeah uh uh on October

17th 1993

Rodney Darren small a black teenager

living in Halifax spotted his cousin

being arrested by Constable Donald

Steinberg a white police officer in

Halifax uh so I'll I'll start by by

breaking this down a little bit uh

further beyond what I've got on screen

here uh the first part is that Rodney

Darren small that is RDS that is that is

where the name of the case comes from so

if you haven't done the reading yet

you're just listening to this you you

should do the reading before you listen

to this but but maybe you haven't maybe

you didn't know this so the RDS case uh

those are his initials and it it occurs

to me um that I don't think I and I I

meant to put this at the top you know

the the the the case gets written out

like this or sometimes like sometimes

like this or

um

uh sometimes like that you know all

these other ways to write it we'll just

stick to the the one set of ways of

looking at it right now uh just to tell

you that when you hear the RDS case uh

it gets called um or the reason it's the

RDS case so RV RDS the the the crown

against RDS or the the State against RDS

what does that actually stand for so the

r here is uh would have been Regina so

the the queen at the time uh

representing the the state of of Canada

V for for

verses and at the time nobody would have

known what RDS stood for U beyond the

people in the original trial itself um

but it stood for Rodney

Darren

small so that was the the accused uh and

I'll just say about this and I think

we'll we'll come back to this a few

times in the in the class uh but um when

you see those cases where it's just a

series of initials um so I'm just trying

to think like R rvj is another one we'll

look at the crown against ja or the the

um ma the queen and j a uh uh or um I

can't really think of any others off off

hand but we will look at others

throughout the the the class when you

see it just as initials like that um

it's been turned into an initial to

anonymize uh the people who are involved

or you know another one that we'll look

at I think in a few weeks is I think the

mvh

case again it was to to anonymize uh the

people who were actually involved in it

so where uh Rodney Darren small was a

minor uh it was just turned into his

initials uh so that his name would would

be kept out of the media nobody would

actually know um again beside the people

who were in the courtroom uh nobody

would actually know who the accused was

but you also have cases um like of uh

things like sexual assault uh where if

you disclosed the name of the accused

you'd also be disclosing the name of the

Survivor um so sometimes it gets

anonymized so you don't actually know

the name of the accused or even just

sometimes to maintain people's privacy I

I think we'll look at the m a case don't

quote me on that I'm not I can't

remember if we're looking at it or not

um but that one it was about a couple

going through a separation um the case

went all the way to the Supreme Court

and in order to maintain their privacy

their names were just shortened down to

those little letters there so sometimes

when you see just these little letters

here um what am I saying sometimes

always when you see these letters here

it's to anonymize the people who are

involved so the RDS case uh it was

that's what it was called that's what it

was known as that's what it was known as

in in the media um that's what it was

referred to in in court documents

everything you know since that time

Rodney Darren small has spoken publicly

about being involved in this case so

that's why we know that he was the

accused in this case not because his

name leaked um not because it was

publicly disclosed um but because he has

publicly come forward and said I was

RDS so that's now what happened way back

then when when this case got started um

or or before the case even got started

I'm talking about the material facts and

relevant things that happened before

this got to court already yes a black

teenager living in Halifax um yeah and

I'll I'll say to this point um that uh I

I'm not I'm not just

um uh I I'm not just I'm looking here

I'm not drawing attention to um these

features just for the for the heck of it

and um yeah I'll I'll add a bit here so

uh Rodney Darren small a black teenager

living at Halifax where he was was

uh his age was was relevant uh and his

his race was relevant um for everything

that that's going to happen um Beyond

this point and you know um maybe I'll

I'll I'll add um you know described as a

I'll I'll just even add in here like a

skinny described as a as a skinny black

teen living in Halifax um at the at the

time uh and the officer who was involved

Constable Donald Steinberg a white

police officer um living in in Halifax

uh you know while just uh add some

descriptors for for him um that that are

going to be relevant as we go through as

well that he was also described as as

being about 6 foot six foot uh heavy set

heavy set and

athletic so I guess just going into this

who were the the figures who were people

who were involved uh the both both their

I guess their subject positions matter a

lot and actually just even their

embodiments matter a lot um for what

I'll be be talking about um so Rodney

Darren small he was a skinny black teen

living in Halifax and then Constable

Donald Steinberg he was a white police

officer living in Halifax their races

matter but like I said their their

physical descriptions are also going to

matter here Constable Donald Steinberg

aside from being an adult obviously in

so far as he was a police Constable he

was six foot heavy set and athletic so

what happened was that um uh uh Rodney

Rodney small was riding his bike along

and he saw that um uh yeah his cousin

was being arrested by const Steinberg

um so what is not disputed is that uh

Rodney small and his cousin exchanged

some words while the officer was trying

to arrest his cousin his cousin was also

like a skinny black

teenager and at the time Rodney small uh

continued to try to communicate with his

cousin and Constable seinberg kept

telling him to mind his own business so

that is not disputed we know that that

Rodney small came across the the officer

arresting his cousin and that he tried

to communicate with his cousin hey

what's going on why are you getting

arrested what do you want me what what

do you want me to tell people why are

you getting arrested so he kept trying

to communicate with his cousin we know

that part and we know that Constable

Steinberg kept saying get out of here

stop interfering stop trying to

interfere with with what's going on here

go mind your own business so we know

that they exchange words like that for

sure nobody denies that and then in

terms of what else we know is that

conable Steinberg eventually put small

into a choold and arrested him when he

persisted so then what what what what

else is Undisputed is that uh small you

know continued trying to communicate

with his his cousin Constable Steinberg

kept saying stop this go away um stop

trying to to go go mind your own

business uh Rodney small eventually

Constable Steinberg who had uh one of

the Who had who had Small's cousin under

one of his his arms in a in a choke hold

put small uh into a Chokehold under his

other arm um and arrested both the boys

is uh so we we know that too and um yeah

I think I think that this is uh well

established in the the backos reading

for today but notably the officer was

significantly larger and uh Stronger uh

than than Rodney SM um yeah with with

Rodney small being described as a skinny

black teen and Constable Steinberg being

six foot heavy set uh and and athletic

and and white as established and and um

Rodney Small's cousin was was similar in

in size to him to um to Rodney small

himself so there was a clear size

disparity uh when he arrested them he

had one under each of his arms this was

clearly quite asymmetrical this wasn't

uh this this wasn't yeah this this was

quite asymmetrical in terms of of um the

the the the size of the people involved

and the the physical strength of the

people involved and and things like that

but anyway that's about all that was

agreed to when they got to court so that

something happened uh uh something

happened that these were the people who

were involved that small was trying to

communicate with his cousin and

Constable Steinberg told him not to

interfere and the Constable Steinberg

arrested small uh when uh small

continued to interfere so that's what

they were not disputing what they were

disputing was the nature of the

altercation between uh uh Rodney small

and officer

Steinberg so

um uh what what were the disputed facts

um the disputed fact would be that small

claimed that no physical contact

occurred between him and Constable

Steinberg before the choke

called uh so yeah and let me let me

spread this out a bit better I'm just

looking on the screen here maybe maybe

if I remember I'll I'll just even

separate this out and the copy of the

notes I'll I'll give to you but the the

dispute um was over what happened

between the points that small showed up

and spotted his cousin and the point uh

at which he was actually arrested so

small claimed that no physical contact

occurred between him and Constable

Steinberg before the choke hold so

according to Rodney small this series of

events up here that's all that ever

happened period full stop uh he was he

was perhaps a nuisance in trying to

communicate with his cousin during the

arrest but he claims he did not

interfere with the arrest at all or do

anything that involved physical contact

so small says I was only trying to talk

to my cousin uh I didn't make any

physical contact with the officer before

he arrested me before he put me into

that choke hold uh I didn't try to

actually stop the arrest I get I just

kept trying to ask my cousin what was

going on that's what small says happened

on the other hand Steinberg says

something slightly different happened

const Steinberg claimed uh that Small's

bike hit him in the leg and that small

pushed him with his shoulders and hands

so on the other hand according to uh

Constable Steinberg Rodney Small's bike

although it was not traveling at great

great speed nevertheless actually

collided with his leg when he approached

so uh Constable Steinberg says small

came up on his bike the bike actually

made contact with my leg directly when

small came up to me uh and uh that when

Rodney small kept trying to speak with

his cousin that uh he was pushing at the

officer with his hands and his shoulders

so the officer says uh Rodney small came

up he was trying to speak to his cousin

he wasn't just using his words he was

using his hands to try and push me away

from his cousin his shoulders to try to

push me away from his cousin so he could

get close to his cousin so officer

Steinberg says Rodney small was making

physical contact with me his bike

collided with my leg he was he was

touching me with his hands he was

putting his shoulders up and things like

that the officer says this guy was this

this teenager was physically making

contact with me before I arrested him um

Etc so on this basis um so this is not a

disputed fact and that's why maybe I'll

if I remember I'll change the copy of of

your own notes to indicate this is that

we had the the facts that were agreed to

the disputed facts what we know is that

uh on um the basis of what Constable

Steinberg claimed small was charged with

assaulting a police officer uh

assaulting a police officer with intent

to prevent lawful arrest of another

person and obstruction of a uh police

officer so Constable Steinberg said

these things happened and Constable

Steinberg um uh I think the the he well

he in conjunction with the crown of

crown attorney uh would have would have

laid these charges uh against um the

crown attorney I guess would have laid

the charges but based on on what

Constable Steinberg was saying was

charged with these things so that uh

would take us onto Court um so we have a

base set of facts at this point that are

agreed upon an Undisputed set of facts

but the particulars are being disputed

here and as I alluded to already uh part

of the role of the trial judge is to is

to determine what set of facts is most

reasonable to believe um so this would

be in the purview of the judge at trial

um so let's think about you know these

charges have been laid um they've now

proceeded to to trial let's look then at

what happened at trial um where uh these

disputed facts had to be ruled on