Lindsay Kines with Times Colonist, Saturday, June 26, 2010
A crack team of investigators targeting severe child-abuse cases in Greater Victoria could be up and running by next year, organizers say.
Modelled after child advocacy centres in the United States and Edmonton, the Organized Response to Child Abuse Centre would be staffed by specially trained police detectives, social workers and victims' assistance workers.
The regional one-stop unit would work closely with prosecutors and other experts to ensure child sexual abuse and serious physical abuse cases are investigated properly, offenders get punished and victims receive prompt care, organizers say.
That doesn't always happen now. The patchwork of agencies and police detachments across the region means there is no standard response to child abuse, says a recent report by Nota Bene Consulting for the ORCA Centre's board of directors.
In some jurisdictions, a young victim might be interviewed by a veteran officer trained in child-abuse investigations. In another community, the case might go to a junior officer with no experience or expertise in how to handle such files.
The risk, the report says, is that cases fall through the cracks, offenders go free, victims get further traumatized by having to repeatedly tell their stories and families don't receive the help they need.
Fred Ford, who chairs the ORCA board, said good work still gets done by committed officers, social workers and prosecutors. "[But] what we also knew was that that didn't happen for every child. It was kind of a roll of the dice as to who was going to be involved."
The ORCA Centre, he said, will help investigators as well as children.
"If a police officer has never done a forensic interview with a child before, and they don't do a good job, whose fault is that?" he said.
"Well, it's not the police officer's fault. It's our system. We need to create a system where a child-friendly, expert response is not a matter of chance."
The consultant's report found widespread support for the ORCA project. All the major partners -- including representatives from police agencies, Crown counsel, victims' services, the Vancouver Island Health Authority and the Ministry of Children and Family Development -- have agreed to join a working group. The goal now is to open the centre next year.
Saanich police Det. Const. Rob Warren, who has spent two years investigating child-abuse cases, sits on the board and envisions ORCA as a "centre of investigative excellence."
"It's not a question anymore as to whether, conceptually, this is the right thing to do," he said.
"It is the right thing to do. It is best practice. The debate over whether ORCA should happen is finished."
The big hurdle now is to find stable financing to keep the operation running.
The preliminary estimate in 2009 was that it would cost $400,000 to $500,000 to run the ORCA centre, while staff would continue to be paid and supervised by their own agencies.
The source of administrative money has yet to be determined, though Ford said the society hopes to tap into a provincial fund created by the 15 per cent victim surcharge on fines. The fund is supposed to be used for projects that benefit victims of crime.
Steve Sullivan, Canada's former ombudsman for crime victims, urged the federal government last year to set aside $5 million to expand the network of such centres across the country.
The federal government has yet to act on Sullivan's recommendation.
Child-case team could roll in 201... Regional unit to probe abuse
New evidence enough to reopen Dziekanski death investigation: prosecutor
June 29, 2010, By James Keller, The Canadian Press
VANCOUVER - A public inquiry into Robert Dziekanski's death revealed new evidence and the investigation into the actions of the four RCMP officers involved should be reopened, says a special prosecutor appointed following a damning report from the inquiry.
The province named Richard Peck as special prosecutor after the report released earlier this month concluded the four officers used too much force when they stunned Dziekanski with a Taser at Vancouver's airport, and then misled investigators looking into his death.
The province's Criminal Justice Branch decided in December 2008 not to charge the officers, saying their use of force was reasonable in the circumstances.
But Peck said the inquiry unearthed new evidence and he recommended the decision not to lay charges should be revisited, the province's Criminal Justice Branch announced Tuesday.
In particular, a statement from the branch mentions evidence "including but not limited to expert video analysis and expert opinions relating to the reasonableness of the escalation and de-escalation of force."
Peck will now examine the report from commissioner Thomas Braidwood as he determines whether to recommend charges.
He'll also look at the officers' statements to investigators after Dziekanski's death and their testimony at the inquiry to determine whether they may have broken the law.
The officers were called to the airport after Dziekanski started throwing furniture in the international terminal on Oct. 14, 2007.
Within seconds of arriving, one of the Mounties stunned Dziekanski multiple times with a Taser. Within minutes, the would-be Polish immigrant lay dead on the airport floor.
Braidwood's 470-page report said the officers approached the scene as if they were responding to a "barroom brawl" and failed to reassess the situation when it became clear they were dealing with a distraught traveller who didn't speak English, rather than the drunk, violent man they'd anticipated.
The officers testified at the inquiry that Dziekanski posed a threat when he picked up a stapler, but Braidwood said the officers couldn't have reasonably believed Dziekanski was a threat to anyone and called their explanations "patently unbelievable."
An amateur video of the confrontation that appeared to contradict the RCMP's claims surfaced in the weeks following his death, prompting public outrage.
Within hours of the release of Dziekanski's report, the province's attorney general announced the special prosecutor.
Robin Baird, a spokesman for the Criminal Justice Branch, said Peck will review all the evidence available to him, including the initial report from homicide investigators, the video of Dziekanski's death and transcripts from the inquiry, even though the officers' testimony cannot be used against them at a trial.
"He'll reassess that initial decision from the ground up, including all the evidence, old and new," Baird said in an interview. "He's got a lot of stuff to go through."
Three of the officers have been transferred out of province and are on administrative duties, while the one who remains in the province was suspended with pay pending his trial on an obstruction of justice charge in relation to a fatal car accident.
The Honourable Pierre-Hugues Boisvenu
MONTREAL, QUEBEC -- 06/28/10 -- The Honourable Pierre-Hugues Boisvenu, Senator, today called on his opposition colleagues in the Senate to cooperate and urgently pass legislation that would prevent the current practice of granting pardons to serious criminals.
"The pardons approval rate suggests that the National Parole Board interprets the Criminal Records Act as requiring it to grant a pardon in almost all cases. Our government disagrees, and is on the side of victims. That is why we moved quickly to take action to correct this," said Senator Boisvenu.
The new system would allow a pardon in more limited cases. The proposed legislation would:
-- Prevent the issuance of any pardon that would bring the administration
of justice into disrepute.
-- Expand criteria the National Parole Board may consider in making
decisions.
-- Place the onus on the applicant to satisfy the National Parole Board
that granting a pardon would benefit and sustain their rehabilitation as
a law abiding citizen.
-- Prevent anyone convicted of a sexual offense against a child from
receiving a pardon for a period of 5 years if convicted of summary
offence and 10 years if convicted of an indictable offence and sentenced
to more than two years in prison.
-- Force the most dangerous and serious criminals to wait longer before
becoming eligible to apply for a pardon
"A criminal's jail term may end, but in many cases the suffering caused to his or her victims lasts a lifetime," said Senator Boisvenu. "This compromise bill will advance the most critical aspects of pardons reforms now, without delay. We will be following through on our commitment to make the remaining reforms contained in C-23 in the fall."
Contacts:
Public Safety Canada
Media Relations
613-991-0657
Acquit B.C. man wrongfully convicted of rapes 27 years ago: lawyer
June 22, 2010, By Terri Theodore, The Canadian Press
VANCOUVER - Both Crown and defence lawyers agree there is little chance a man who spent most of the last 27 years behind bars for a series of violent sexual assaults in Vancouver would ever be convicted today.
Ivan Henry has proclaimed his innocence since his 1983 conviction for rape and indecent assault involving eight women.
The B.C. Court of Appeal also agreed, ruling Tuesday that "the appeal must be allowed."
But Justice Richard Low said the three-judge panel hearing his case would reserve its decision on whether Henry should get a new trial or an acquittal.
Henry's lawyer, David Layton, laid out for the court a litany of mistakes made by police and prosecutors in his case, and asked for an acquittal.
Layton said at least 30 statements made by police and witnesses were never disclosed at trial to Henry, who served as his own lawyer at the time.
Many of the statements were from early in the investigation, some said the attacker was five-foot-six inches tall, or had brown hair and one said he had a long beard. None of those applied to Henry, Layton told the court, but over time they changed to match Henry.
"Ultimately there was a convergence from all of the women where the evidence becomes the same," he said.
But Henry, who's now 63 years old and did not attend the hearing, never saw those early reports, his lawyer said.
"Your point is that if this had been disclosed, it would have been a gold mine for a defence lawyer," Low said.
The court has also seen a police line-up photo showing three officers holding Henry, one of them with a choke hold around his neck, while several of the other men in the line smile for the camera.
Even Crown prosecutor David Crossin called the picture being used for identification purposes "problematic."
Sperm samples taken from some women weren't disclosed and, while DNA evidence wasn't available then, Layton said science could have eliminated Henry as a suspect with a blood test.
Layton said the evidence may have exonerated his client and given all the mistakes made the only solution should be to acquit Henry now.
"No reasonable jury could convict at retrial," he said.
Crossin offered little argument.
"Crown is not in the position to disagree with many of the major points my friend makes," he said, referring to Layton.
He told the judges that there was evidence that Henry, who was allowed to represent himself, was suffering from a mental disorder at the time.
In fact, the prosecution lawyer said, it was the Crown that, in the interest of justice, reopened the case last year. Henry has been free on bail since then.
Crossin agreed that in relation to the evidence a jury likely couldn't convict Henry.
He told the three judges on the panel that this is the type of case where many cautions would have been issued about the evidence, where the eight victims were attacked in the dark or near dark.
"The assaults were violent, traumatic and terrifying. That's quite apparent from the evidence," he said. "The description fits the accused, but it could also fit any number of white males."
He also agreed with Layton that there was "less than fulsome" disclosure on the evidence.
But he said the Crown at the time of the trial proceeded in good faith and in the best of its ability.
Both of Henry's adult daughters attended the two-day appeal court hearing.
When it was over, Tanya Olivares and Kari Henry said they were relieved the appeal had been heard and would await the verdict.
"Everybody's doing well. This part of our life is over — at least for today," Olivares said outside the court.
She said she had spoken to her father, who was also awaiting for the verdict with hope.
Tory sentencing law could double prison costs to $10 billion a year
June 22, 2010, By Stephanie Levitz, The Canadian Press
OTTAWA - The Conservative government's tough-on-crime agenda is also tough on taxpayers, with the cost of running prisons potentially set to more than double, says Parliament's spending watchdog.
Parliamentary budget officer Kevin Page says the Truth in Sentencing Act could raise total prison costs to $9.5 billion a year in 2015-2016 from $4.4 billion this year. It could also require the construction of as many as a dozen new prisons.
With that kind of price tag, Page isn't sure taxpayers can afford it.
"It's a lot of money in a period of time we're generating deficits," he said Tuesday after releasing his report into the costs of the Act.
The law — just one of the government's anti-crime initiatives — limits the credit a judge can allow for time served. Page said it will add about 159 days to average sentences, bringing the average time in federal custody to 722 days from 563.
But the numbers are much higher in the provincial system.
"If you look at average head counts, they are twice as big in the provincial system — 26,000 every year versus 13,000 at the federal level," he said.
"The provinces and the territories carry the weight of the correctional services system in Canada so the impact is going to be enormous on the provinces and territories."
Page estimates the provincial share of prison costs will jump to 56 per cent in 2015-16 from 49 per cent this fiscal year.
But what Page didn't take into account in his report was the potential benefit of the law and its goals, said Manitoba's Attorney General Andrew Swan.
"I'm an optimist. I do believe that the ending of the two for one credit is going to result in better outcomes," Swan said.
"In Manitoba, the average time that somebody is sentenced is rather short and it doesn't give us a lot of time to work with people to try and get them better prepared to face society when they get out of a jail."
Swan added that the provinces did ask the federal government for the change in legislation and were prepared to pay. His province has already added some capacity to its prison system because of the new law.
"There are other things that we'd like to spend money on, but public safety is very important to Manitobans and we have to put up the money to do it," Swan said.
A spokeswoman for Ontario's minister of community safety and correctional services said the province is keeping an eye on the price tag.
"Ontarians expect safe communities and the Ontario government is more than willing to do its share," Laura Blondeau said in an e-mail.
"However, the Federal government cannot expect the provinces to pick up costs for federally led initiatives."
Page said he knew incarceration was expensive but, when it came to calculating the figures and the total costs, he said "you get to big numbers in a hurry. Originally, I was shocked how big it was."
The bill — a cornerstone of the Tories' tough-on-crime agenda — received royal assent last October. But the government has been criticized for launching its initiatives without carefully considering the costs.
The 2009-10 federal budget contained no mention of the new act, Page said, and it's not clear whether Corrections Service Canada has budgeted for it either.
Page said the holes in their accounting and refusal to co-operate made it difficult for him to carry out the study, so he cautioned his numbers are conservative estimates.
The $1.8 billion to build new prisons, for example, could be eliminated if no new facilities are built and inmates are required to double- or triple-bunk.
Public Safety Minister Vic Toews said CSC did co-operate and because of that he doesn't understand Page's estimates, especially figures suggesting around a dozen new prisons could be required.
"If he wasn't getting any information from Correctional Services Canada, he must be making this up," Toews said.
Toews said he's sticking by his government's estimates that the program will cost about $2 billion over five years, which will include adding some new prison cells.
"I've seen nothing that would change my mind in that respect," said Toews.
"Our goal is to protect Canadians, to keep streets safe. We want to keep dangerous repeat offenders off the streets and we are prepared to pay the cost in order to do that."
Mark Holland, the Liberal MP who asked for the costing, said he was shocked by Page's findings.
"This figure for one (crime) bill is enormous, and we have to remember this is one bill," Holland said. "When you start thinking about all of the other (crime) bills — 13 — this can crush Canada's budget, it can destroy and cannibalize the other departments.
"How are we going to afford our health care? How are we afford education? How are we going to afford our military if we have these failed Republican policies eating away at all the other departments?"
Holland said the Liberals would think harder about signing off on the remaining crime bills if the price tag isn't set up front.
Government, MPs strike 11th-hour deal to head off Homolka pardon bid
OTTAWA - Federal political parties have joined forces to ensure notorious sex killer Karla Homolka won't be pardoned for her gruesome crimes.
The four parties struck an 11th-hour deal late Wednesday to hive off measures in a pardon-reform bill that would effectively ban Homolka from receiving a pardon.
The measures are to be passed at all stages by the end of the day Thursday, when the House of Commons is expected to adjourn for the summer.
The Senate, which will sit several weeks longer, must also pass the bill before it can go into effect.
Other more contentious provisions of the bill will proceed at a more leisurely pace when Parliament resumes in late September.
Homolka, who served a 12-year sentence for her role in the rape-murders of Ontario teens Leslie Mahaffy and Kristen French, is eligible to apply for a pardon as of July 4.
“My family is forced to relive the pain and horror every time that woman’s name is in the news. A pardon would be unthinkable,” said Talin French-Doyle, one of Kristen French's relatives, in a press release.
“Forgiveness is the right of a victim, not a requirement of the State.”
There is no confirmation that Homolka actually plans to apply for a pardon. But the theoretical prospect led to an ugly round of finger-pointing Wednesday among the four parties over who would be held responsible if the pardon reform bill isn't passed in time to prevent a possible Homolka pardon.
With no party wanting to take the blame, a deal seemed inevitable despite the overheated rhetoric.
Public Safety Minister Vic Toews confirmed late in the day that a deal had been struck.
"On the critical area of our bill so as to prevent notorious criminals from receiving a pardon, we have an agreement," Toews said.
As to Homolka, he added: "That kind of a person would not be able to get a pardon."
Toews would not go into detail but sources said the parties have agreed to essentially split the original bill in two.
Under the provisions that will pass immediately, anyone convicted of a serious personal injury offence — including manslaughter, violent assault and sexual assault — will have to wait 10 years after release from prison before applying for a pardon. Currently, they must wait three to five years.
Moreover, the National Parole Board, which now rubberstamps most pardon applications, will be given the discretion to deny a pardon if it would severely damage the reputation of the justice system.
The latter provision is meant to ban someone like Homolka from receiving a pardon.
Provisions which will wait until the fall to proceed include a proposed ban on pardons for anyone convicted of three indictable offences. Opposition parties are concerned that goes too far, potentially denying a pardon to someone who may have committed relatively minor offences in their youth, such as forging several cheques.
Earlier Wednesday, Toews and his fellow Conservatives used the spectre of a Homolka pardon to try stampede the three opposition parties into speedily passing the entire pardon-reform bill.
"Enough games from the opposition," Toews declared at one point in the Commons.
"We are committed to preventing the pardoning of notorious criminals now. Why will the Liberals not support us?"
However, the opposition parties steadfastly refused to expedite passage of the bill in its entirety. They accused the government of deliberately delaying the bill — which was introduced a month ago and has made little legislative progress since — in order to create a last-minute crisis.
"It's their fault, not ours," said Liberal Leader Michael Ignatieff.
NDP Leader Jack Layton said the government deliberately waited until the dying seconds of the parliamentary sitting in a bid to "prevent debate on all the other items that are in (the bill) and perhaps pin it on this situation regarding Karla Homolka."
Liberal public safety critic Mark Holland was furious that Toews taunted him about supporting a pardon for Homolka — only minutes before the two men were scheduled to meet to discuss ways to split the bill precisely so as to prevent a Homolka pardon.
"The level of dishonesty is so disgusting," Holland fumed.
"Do these people have no bottom? Do they have no low to which they will not go?"
Honour killing: Dad, brother plead guilty to murder of Ontario girl
June 15, 2010, By Allison Jones, The Canadian Press
BRAMPTON, Ont. - After 16-year-old Aqsa Parvez was murdered by her brother and father in a so-called honour killing, her mother blamed the slain girl for not obeying her family's strict rules.
Alone in a police interview room after her son choked Aqsa to death in December 2007 and her husband took the fall for it, Anwar Jan was caught on a recording suggesting Aqsa's murder was the headstrong teenager's own fault.
"Aqsa, Aqsa, my daughter is dead. Everyone tried to explain to you," she said.
"This would not have happened if you would have listened."
Muhammad and Waqas Parvez, set for trial next year on first-degree murder charges, pleaded guilty Tuesday to second-degree murder.
In the weeks leading up to the killing Aqsa had clashed with her family — originally from Pakistan — over her desire to wear western clothing and not the hijab.
She had been living with a friend but was lured to the family's Mississauga, Ont., home, just west of Toronto, that day by her brother, who told her she could pick up her clothes, Crown attorney Mara Basso said.
Waqas Parvez choked Aqsa to death in her bedroom less than 20 minutes after they arrived and then fled, according to an agreed statement of facts read in court. It's apparent from the DNA found under her fingernails she tried to fight back.
Muhammad Parvez waited 15 minutes and then called 911, saying he had killed his daughter. Aqsa's older brothers and sisters told police Waqas Parvez was at work — he was a tow truck driver on the night shift — at the time of the murder.
Waqas Parvez told a colleague two or three days before the murder that he was going to kill his sister because she was causing the family embarrassment, the statement said.
He said only he and his father were involved, but the family knew what was going on.
"Aqsa Parvez's murder was a gender-based crime motivated by patriarchal concepts of honour and shame," Basso said.
However, such a motive for murder should not be ascribed to any particular faith, she added.
According to the United Nations, as many as 5,000 girls and women are murdered every year around the world as part of so-called honour killings, a crime generally defined as the premeditated murder of a female relative believed to have brought dishonour upon her family.
A second-degree murder conviction carries an automatic life sentence. Both the Crown and defence are calling for them to be able to apply for parole only after 18 years.
Justice Bruce Durno will give his decision on sentence Wednesday.
In her police interview Jan said she asked Muhammad Parvez why he had killed their daughter.
"He said, 'This is my insult. My community will say: you have not been able to control your daughter,'" Jan said.
The police asked if she thought killing her daughter was wrong. All she said was, "I don't know."
Her brothers and sisters didn't condemn the killing either.
Usually in sentencing someone in such a crime, victim impact statements are entered as evidence of what the victim's family has suffered.
The Crown entered none.
Basso said it would be "morally repugnant" to do otherwise.
Court heard that Aqsa and her family came to Canada when she was 11.
When she was 15 she began telling friends about conflict at home over cultural differences. Her family would not let her wear western clothes. They gave her no freedom, insisting she not go anywhere besides school and not get a part-time job.
She did not have a door on her bedroom.
Eventually she began to fear for her safety and a school counsellor took her to a shelter, where she stayed for three nights.
She returned home after her parents allowed her to wear western clothing but still complained to friends that her freedoms were severely restricted and she was not permitted to socialize outside school hours.
Aqsa then moved out to stay with a friend, whose mother welcomed her and said she could stay as long as she liked. But still, she complained her family would show up at her school to spy on her.
While staying with the friend Aqsa went to the movies for the first time in her life.
Report gives reasons for backing walks for man who beheaded Greyhound seatmate
Report gives reasons for backing walks for man who beheaded Greyhound seatmate
June 15, 2010, By The Canadian Press
WINNIPEG - In the interests of assessing whether a man who beheaded a stranger and ate pieces of his flesh could ever be reintegrated into society, he should be allowed to take short, supervised walks around the grounds of the Selkirk Mental Health Centre.
That was part of a detailed explanation released by the Criminal Review Board of Manitoba into why they are backing the walks for Vince Li, who killed 22-year-old carnival worker Tim McLean two years ago on a Greyhound bus in Manitoba.
"We are of the view that it is necessary to start with small measures in order to assess the patient's progress," said the review panel. "The treatment team is of the opinion that his condition is stable and that it would be appropriate and safe for him to leave the locked ward."
At first, the passes should be 15 minutes in length and then increase incrementally to a maximum of one hour twice daily, the board said, adding he should always be accompanied by two staff members who are equipped with a two-way radio or cell phone.
Dr. Steven Kremer, the psychiatrist treating Li, had actually recommended one of the staff members be a security officer because "no one knows how Mr. Li might react to receiving these pass privileges."
But the board decided against the extra measure.
"With the greatest respect to Dr. Kremer, that is the case with every patient at the point at which they first receive new privileges."
The decision to grant the walks has been opposed by relatives of the victim and the attorney general's office, but supported by the Canadian Psychiatric Association.
"When you do what he did, you should be locked up for the rest of your natural life, period," McLean's mother, Carol DeDelley, has said, adding she believes the justice system is more concerned with protecting Li's rights than her family's.
Attorney General Andrew Swan said Li's walks will only go ahead once security is improved at the hospital, which is not fenced off.
But the psychiatric group criticized Swan's comments, calling them "political pandering and fear-mongering."
"Mr. Swan joins those members of the public who would return to the days when the mentally ill were cast out of society to be incarcerated in prisons and asylums, never to see the light of day," said association president Dr. Stanley Yaren, who has treated Li.
In explaining its decision, the review panel also said Li's risk of "elopement" is low, as he hasn't expressed any desire to escape custody, and noted he is someone who responds to treatment with antipsychotic drugs.
Although Li has continued to report having auditory hallucinations in the last year, "these were greatly reduced in frequency and intensity," said the panel.
Board members stressed they do not feel Li is anywhere near ready to be released into the public.
"Without the continued, close supervision provided by detention in hospital, Mr. Li would be a significant risk to the safety of the public," they wrote.
But they also concluded he "represents a significantly lower risk to re-engage in violence as compared to when he was experiencing those symptoms intensively at the time of the offence."
Li has been held inside a locked portion of the centre since he was found not criminally responsible for the killing of McLean. The two men had never met and just happened to be sitting next to each other briefly on a bus ride to Winnipeg from Edmonton.
McLean was listening to music on his headphones, with his eyes closed, when Li suddenly stood up and started stabbing the young man repeatedly as horrified passengers looked on.
A police report read in court said Li cut off McLean's head and carried it back and forth on the bus. He also carved up the body and was seen eating pieces of the victim's flesh.
His trial was told he suffered from undiagnosed schizophrenia. The panel review said at the time of the attack, Li believed God was talking to him and was angry with him, and that McLean posed a threat to him.
The panel review noted Li was sick and fragile while growing up in China, and continued having problems after emigrating to Canada in 2001.
In 2005, he was admitted to the psychiatric unit of William Osler Health Centre in Etobicoke, Ont., after being picked up by police walking on a highway. He was discharged against medical advice and apparently failed to seek the necessary psychiatric treatment.
Government Takes Action to End Early Release of Criminals and Increase Offender Accountability
OTTAWA, ONTARIO--(Marketwire - June 15, 2010) - Today, the Honourable Vic Toews, Canada's Minister of Public Safety, and Senator Claude Carignan, announced legislation to end the early release of criminals and increase offender accountability, while strengthening the rights of victims.
"Our Government agrees with Canadians – the corrections and conditional release system should put public safety first," said Minister Toews. "The punishment should fit the crime, and the rights of criminals should not come ahead of the rights of victims and law-abiding citizens."
Among other key reforms, the proposed legislation would abolish the current system of Accelerated Parole Review, which allows those convicted of "non-violent offenses" to obtain day parole after serving one-sixth of their sentence and full parole after serving one-third.
"The current system allows white-collar criminals back on the streets much earlier than Canadians expect, given the impact of such crimes on victims," said Senator Carignan. "We are taking action to put a stop to this practice, which undermines Canadians' faith in our justice and corrections systems."
The proposed amendments to the Corrections and Conditional Release Act would also:
* make the protection of society the paramount principle of the system;
* enshrine victims participation in conditional release board hearings, and keep victims better informed about the behaviour and handling of offenders;
* move toward a system of earned parole, by increasing offender responsibility and accountability and strengthening the disciplinary system;
* authorize police to arrest an offender breaking release conditions, without having to obtain a warrant; and
* emphasize the importance of considering the seriousness of an offence, in National Parole Board decision-making.
The legislation responds to the concerns of victims' groups and police associations across the country, and to the Correctional Service of Canada's Independent Review Panel's recommendations to work towards a system of earned parole.
An online version of the legislation will be available at www.parl.gc.ca
For more information:
* Public Safety Canada's website: www.publicsafety.gc.ca
* Backgrounder on Reforms to the Corrections and Conditional Release Act and Accelerated Parole Review
For more information, please contact
Public Safety Canada
Media Relations
613-991-0657
www.publicsafety.gc.ca
Gays targeted in most violent incidents as hate crimes jump by a third in 2008
June 14, 2010, By The Canadian Press
OTTAWA - Police services are reporting a big jump in hate crimes, and they say gay men are being targeted more often and in the most violent incidents.
Statistics Canada says police logged 1,036 hate crimes in 2008, up 35 per cent from 2007.
Just over half (55 per cent) were motivated by race or ethnicity, 26 per cent by religion and 16 per cent by sexual orientation.
The agency says all three major categories of hate crime increased in 2008, but the largest increase was among crimes motivated by sexual orientation, which more than doubled from 2007 to 2008.
Hate crimes motivated by sexual orientation were also the most violent in nature: 75 per cent of them were violent compared with 38 per cent of racially-motivated incidents and 25 per cent of religiously motivated incidents.
Among violent incidents motivated by sexual orientation, 85 per cent of the victims were male.
StatsCan reports hate crimes motivated by religion increased 53 per cent, while those motivated by race or ethnicity were up 15.
Mischief offences such as vandalism to property accounted for 47 per cent of hate crimes, while other non-violent offences comprised 11 per cent. Violence was a factor in 42 per cent of hate crimes.
Among the hate crimes motivated by race or ethnicity, almost four in 10 were committed against blacks. Police reported 205 hate crimes against blacks in 2008, up 30 per cent over 2007, but still lower than the 2006 total of 238.
South Asians, which includes East Indians and Pakistanis, were the next most commonly targeted group, accounting for 12 per cent of hate-crime incidents motivated by race or ethnicity. Incidents targeting South Asians increased by 21 per cent in 2008.
As in previous years, about two-thirds of religiously-motivated hate crimes were committed against the Jewish faith. The agency reports 165 hate crimes targeting the Jewish faith in 2008, up 42 per cent.
Police reported 30 hate crimes against the Catholic faith, double the total in 2007. The 26 incidents against the Muslim faith represented a slight drop from 2007.
Vancouver and Hamilton reported the highest rates (6.3 hate crimes per 100,000 population) among Canada's 10 largest census cities.
Police reported 143 hate crimes in Vancouver in 2008, nearly double the total from the previous year.
There were 271 hate crimes reported in Toronto, a rate of 5.4 hate crimes per 100,000 population. Montreal, where police reported 38 hate crimes in 2008, had the lowest rate, at one per 100,000.
The agency says the number of hate crimes reported by police in any given area may be influenced by the presence or absence of specialized hate-crime units or initiatives.
Supreme Court upholds right to publication bans on evidence at bail hearings
June 10, 2010, By Mike Blanchfield, The Canadian Press
OTTAWA - The Supreme Court of Canada has upheld a defendant's right to an automatic publication ban on evidence at their bail hearing.
The high court dismissed appeals Thursday brought by several news organizations that argued judges should have the final say on pretrial publication bans.
The 8-1 ruling upholds a Criminal Code provision that makes a publication ban at a bail hearing mandatory if an accused person requests one.
The ruling is the latest in a series of cases that Canada's top court has recently considered on the practice of journalism. It represents a setback for media organizations that were trying to loosen the restrictions on pretrail reporting in the age of the 24/7 news cycle.
The high court was grappling with two competing interests — the need for justice to be seen to be done versus the impact of pretrial publicity on a defendant's right to a fair trial.
Ultimately, the top court decided against allowing too much publicity at the early stages of a criminal case. The case had been brought by the Associated Press, CBC, CTV, Toronto Star and Edmonton Journal.
Writing for the majority, Justice Marie Deschamps said the beneficial effects of bail-hearing publication bans outweigh the negatives.
The bans "avert the disclosure of untested prejudicial information; in other words, to guarantee as much as possible trial fairness and fair access to bail," she wrote. "Although not a perfect outcome, the mandatory ban represents a reasonable compromise."
Justice Rosie Abella was the lone dissenter, saying judges should have the discretion to decide whether bans should be imposed.
The Supreme Court was ruling in two separate but high-profile cases — the 2006 "Toronto 18" terrorism case and the 2005 case of an Alberta man eventually convicted of murdering his pregnant wife.
Prior to the arraignment of the Toronto 18, police held a news conference disclosing details of their alleged plot to blow up several high-profile targets.
One of the defendants asked for and got the mandatory ban on evidence, which overrode the wishes of several of his co-accused who wanted a full airing of the evidence presented at their hearing.
Media lawyer Paul Schabas argued that the public had a right to know why some of the accused were released on bail and later had their charges withdrawn.
In the other case, Michael White of Edmonton was released on bail in October 2005 after he was charged with murdering his wife. Details of the judge's reasons could not be reported. Public outrage ensued.
"Laws that prohibit timely discussion, or prevent the necessary information from being disseminated to those who ought to receive it, create distrust, suspicion and misinformation," lawyer Fred Kozak argued unsuccessfully in a written submission to the court on behalf of the CBC, Edmonton Journal and CTV.
"This resulted in a public outcry about 'liberal' judges being soft on crime. . . ."
In rejecting the argument, Deschamps noted that the publication bans are temporary and end when a defendant is discharged at the end of a preliminary inquiry, or their trial has been completed.
Nor does a publication ban prevent a journalist from reporting the conditions of a defendant's release, said the ruling.
"The ban is limited to a preliminary stage of the criminal justice process and is not absolute, and the information the media are prevented from publishing is untested, and is often one-sided and largely irrelevant to the search for truth," Deschamps wrote.
"The ban may make journalists' work more difficult, but it does not prevent them from conveying and commenting on basic, relevant information."
Dave Tomlin, associate general counsel for The AP, said the ruling is a disappointment.
"The ban as it stands now is censorship," Tomlin said. "It's a prior restraint on speech, and we don't think such restraints should be imposed without a balancing by the judge in each case of the free-speech and fair-trial issues at stake."
In recent months, the high court has ruled in a series of cases that affect the practice of journalism and the public's right to know:
— Last month, it ruled that journalists have no blanket right to shield confidential sources.
— Late last year, it offered journalists relief from Canada's antiquated defamation law, giving them a new defence against libel. The new defence brought Canada in line with other jurisdictions by allowing for factual errors as long as journalists acted responsibly in the public interest while pursuing a story.
Former Federal Ombudsman Blog...
Holly's Fight for Justice,
Personally, I have know Steve Sullivan early on in my journey for justice! He attended parole hearings, we did radio shows and newspaper interviews for years to raise awareness for crime victims!
Steve started a blog to share his personal experiences, knowledge and opinions about the realities of crime victims in Canada. He also has never been a crime victim! The blog may reflect this in his posts!
BELOW IS PART OF STEVE'S FIRST POST FROM CRIME VICTIM ADVOCACY
What you hear in the media or from politicians is not always accurate, or at least not the entire story.
I have spent almost two decades studying and working with crime victims, most recently as Canada's first Federal Ombudsman for Victims of Crime. The victims' rights movement, in my opinion, is at a crucial stage and we need to have a serious dialogue about what the role of victims are in the system, how we help all victims (including those who do not report) and what needs to be done for the most vulnerable. You will see a recurring focus on children and young people.
There are those that would have us believe that if we just keep punishing offenders more, victims will be happy. I have never been shy about the need to deal with violent, repeat offenders, but I have serious concerns about the cost of the current obsession with sentencing, especially since it it being presented to the public as a way to help victims.
More to come!
Texting tips to Crime Stoppers CALGARY
Crime Stoppers will now accept tips by text.
Officials hope by adding another technology to their anonymous information system they will generate more tips.
"I would anticipate that we will get real time crime information as they're happening," says Insp. David Kotowski from the Calgary Police Service.
The Crime Stoppers phone number is 1-800-222-8477; tips can also be emailed to www.ttttips.com; you can also text you tip by texting ttttips to 274637. Crime Stoppers will now accept tips by text.
Kristen Stewart Apologizes: Sexual Assault Comment Was ‘An Enormous Mistake’
LOS ANGELES, Calif.
“Twilight Saga” star Kristen Stewart is apologizing for comments she made in Britain’s ELLE magazine which have left some people outraged.
“I really made an enormous mistake – clearly and obviously,” Kristen told People. “And I’m really sorry about my choice of words.”
The actress previously compared her life in the Hollywood spotlight and the constant hounding by the paparazzi to a sexual assault, telling Britain’s ELLE magazine in its July issue, “The photos are so … I feel like I’m looking at someone being raped. A lot of the time I can’t handle it. I never expected that this would be my life.”
READ MORE AT
http://www.accesshollywood.com/kristen-stewart-apologizes-sexual-assault-comment-was-an-enormous-mistake_article_33140?__source=rss|imdb|latest-originals?
KENNETH KLASSEN PLEADED GUILTY.. SEX WITH UNDERAGE GIRLS!
Residents irate sex-tourism operator building home on Mayne Island, By John Bermingham and Keith Fraser, The Province, June 1, 2010
Mayne Island mom Christie Meers was recently shocked to learn that a serial sex tourist is building a home on the Gulf island.
Kenneth Klassen pleaded guilty May 21 in B.C. Supreme Court to 14 counts of sex with underage girls in Cambodia and Colombia, and one count of importing child pornography.
“It’s way too close to home,” Meers told The Province Tuesday, while her two daughters, aged six and 10, were at the island’s only school. “We live here because of the safety of our children.”
Meers says she’s disappointed that authorities never told parents that Klassen was building a home on the island.
“Everyone seems pretty upset at this point,” she said. “As parents, a lot of us have children in the age bracket that he’s been interested in.”
“We think that him building a house here . . . if he can’t get a hold of the children that he’s normally used to being around, then does he start looking closer to home?”
Klassen, a Burnaby art dealer, co-owns a 10-acre lot, currently assessed at $348,000, along with his brother, and islanders say they’ve been building a home there for the past six months.
Meers said parents know Klassen’s address on Mayne, and have been circulating a photo purporting to be him online.
The mother-of-two is also circulating an online petition demanding the courts punish Klassen.
Concerned parents have inundated the Gulf Islands School District with phone calls.
“We’ve been on the phone all day with parents,” Superintendent Jeff Hopkins confirmed. “What they’ve been doing is asking us what we are planning to do.”
Teachers have talked to the 50 students at the school about taking safety precautions, he said.
Hopkins said he’s also been briefed by the RCMP, and would be prepared to post a photo of Klassen if the RCMP issued him one.
Holly Dignard, a Vancouver resident who runs the non-governmental organization Caleb’s Hope, launched the online petition on May 22 to bring attention to Klassen and his B.C. Supreme Court trial.
“It’s bringing attention to the community that this man is in the community, who has committed these crimes,” said Dignard.
Dignard argues that it’s wrong to keep Mayne Islanders in the dark about Klassen, because he’s pleaded guilty.
“It pains me a great deal that they are going through this,” she said. “People are becoming aware, and they are taking responsibility for the safety of their community.”
Mayne Island trustee Colin Shew said he’s aware Klassen is building a house on the island, but isn’t overly concerned.
“People have to live somewhere,” said Shew. “And if somebody somewhere has decided that they don’t pose a risk, I don’t see that they need to be defamed that badly.”
Under his current bail conditions, Klassen cannot be in the presence of children without permission.
Meantime, Klassen made a brief appearance in B.C. Supreme Court in Vancouver on Tuesday and had his bail conditions tightened.
B.C. Supreme Court Justice Austin Cullen imposed a curfew of 6 p.m. to 6 a.m. and ordered that Klassen report twice a week to a bail supervisor and once a week to police.
Klassen will also be on electronic monitoring.
But his bail conditions don’t preclude him from day trips to Mayne.
Arguing that he was a flight risk, prosecutor Brendan McCabe had sought an order that Klassen remain in his home except for three hours a day, from noon until 3 p.m.
Noting that his client had not breached his bail conditions since he was released in 2004, defence lawyer Ian Donaldson denied that Klassen was a flight risk and asked for a curfew of midnight to 5 a.m.
In addition to the stricter conditions, the judge boosted Klassen’s surety to $125,000 from $50,000. The additional surety is to be provided by the offender’s mother.
Klassen’s sentencing hearing was set for two days, starting July 22.
The Crown has said it will seek a 12-year jail term for him.
Outside court Tuesday, Dignard said she opposed the continued bail for Klassen, arguing that he should be held in custody now that he has pleaded guilty.
As for police, “we’re aware of Mr. Klassen’s bail conditions,” said Cpl. Annie Linteau of the RCMP.
“We invite anyone who feels that Mr. Klassen may be in breach of those conditions to call their local police department.”
Old Age Security Act and terminate payment of Old Age Security (OAS) benefits to convicted criminals.
BACKGROUNDER
OLD AGE SECURITY
The Old Age Security (OAS) program is the cornerstone of Canada's retirement income system.
In order to be eligible to receive OAS benefits, applicants must meet specific residence requirements. To receive OAS benefits, an individual must have resided in Canada for a minimum of 10 years, after age 18. A person applying for OAS benefits who has fewer than 10 years' residence in Canada may nevertheless qualify for a partial benefit if he or she has accumulated pension credits from one of the countries with which Canada has an International Social Security Agreement. With 40 years of residence in Canada, a full pension can be received.
The OAS program offers three types of benefits:
1. The OAS basic pension - This benefit is paid to individuals aged 65 or older who meet the residency requirements.
2. The Guaranteed Income Supplement (GIS) - The GIS is paid to individuals receiving the OAS basic pension with little or no other income.
3. The Allowances - The Allowance is paid to individuals aged 60 to 64 whose spouse or common-law partner receives the GIS. The Allowance for the Survivor is paid to individuals between the ages of 60 and 64, who have little or no income, and whose spouse or common-law partner has died, and who have not remarried or entered into a common-law relationship.
OAS benefits are adjusted quarterly in January, April, July and October to reflect changes in the cost of living as measured by the Consumer Price Index (CPI). The Old Age Security Act contains a guarantee that ensures that OAS benefits are not reduced, even when there is a decrease in the CPI. As such, if the CPI goes down, OAS benefits will remain the same.
Individuals must apply for OAS benefits. They do not start automatically.
Raymond Lahey denies former Mount Cashel resident's sexual abuse claims
June 01, 2010, By The Canadian Press
ST. JOHN'S, N.L. - A Catholic bishop facing child pornography charges says he never sexually abused a boy who lived at Mount Cashel orphanage in St. John's, N.L.
Raymond Lahey denies all claims of sexual assault made in a civil lawsuit filed in April by Todd Boland.
The former Mount Cashel resident has accused Lahey in court documents of simulated anal intercourse, sexual rubbing and fondling.
No related criminal charges have been filed.
Lahey filed his statement of defence in the Supreme Court of Newfoundland and Labrador.
Lahey says he knew Boland when he worked as a priest at the orphanage, but he denies ever abusing the boy or taking him on trips.
None of the allegations against Lahey has been proven in court.
Boland claims Lahey took him on fishing trips and other outings where abuse occurred over four years starting in 1982.
Lahey and the Catholic Archdiocese of St. John's are named as defendants in the lawsuit seeking damages for pain and mental suffering.
Lahey resigned after being charged in September with possession of child pornography after his laptop was searched at the Ottawa airport.
His trial is set to start in Ottawa next April.
