A very serious #lawtwitter thread meant to be taken unironically and seriously…
Legal issues for defence lawyers who practice in Gotham City (assuming Gotham is located in Ontario Canada)
@dccomics @batman

What issues arise when defending a person ‘arrested’ by @batman?

Does the Charter apply? Depends on whether he is an agent for the state. With his extensive working relationship with the police, the answer is ‘yes’. The Crown will argue that the police are passive in their relationship with Batman and they don’t ‘direct’ him to do anything.

That is not always true. They frequently seek his assistance. Their failure to try to stop him is telling of their cooperative relationship. An ongoing pattern of mutual cooperation can make Batman a police agent EVEN when he operates without directions from police.

Your clients arrested by Batman can argue that Batman failed to meet Charter obligations. No search warrant. Excessive violence. Coerced statements. Failure to give rights to counsel. All issues in Batman cases and should lead to extensive Charter motions.

Aside from Charter issues, there are also evidentiary issues when Batman leads an investigation but will not testify. Cases built on his observations and investigations will essentially be hearsay cases in Court.

He may give his findings to a police officer who may testify as to what Batman told them. Object. This is basic hearsay. Not credible/reliable.

Batman’s information may best be treated as akin to a CI. Police may rely on it to justify an arrest or a search warrant. But even with those warrants, counsel should scrutinize whether the police conducted their own investigation.

Jurists issuing warrants must consider whether the CI is credible/reliable. Officers doing the ITO don’t know whether Batman has a record or his identity. There needs to be more corroborating evidence before warrants are properly issues. Counsel should attack those warrants.

Basically. A Batman case is a minefield for a Crown Attorney. Diligent counsel should be able to find ways to properly defend their clients in such cases.